High Court of Gujarat

MANGUBEN AMRATBHAI MAKWANAversusSTATE OF GUJARAT

Decided: 17 March 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The High Court may, at its discretion, grant permission to withdraw a petition upon the petitioner's request, and did so in this case.

Summary

The petitioner, Manguben Amratbhai Makwana, filed Special Civil Application No.9674 of 2025 before the Gujarat High Court against the State of Gujarat and others. Through counsel Mr. Prateek S. Bhatia, the petitioner sought the Court’s permission to withdraw the petition and instead pursue relief before the Labour Court. The respondents, represented by Ms. Devanshi Patel, AGP, opposed the withdrawal. The Court examined the request and, noting that the petitioner wished to change forum, considered whether it could grant such permission. Justice Nirzar S. Desai granted the petitioner's request, allowing the withdrawal. The Court dismissed the petition as withdrawn without addressing the substantive merits. It was expressly stated that no examination of the case’s merits was undertaken. The order thus clears the way for the petitioner to approach the Labour Court.

Issues considered

Whether the High Court may grant permission to withdraw a civil petition at the petitioner's request
Whether any hearing on the merits is required before allowing withdrawal

Subjects

withdrawal of petition
civil procedure
forum selection
labour court
special civil application

Judgment

          C/SCA/9674/2025                                                              ORDER DATED: 17/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO.9674 of 2025

  =========================================
                                  MANGUBEN AMRATBHAI MAKWANA
                                              Versus
                                     STATE OF GUJARAT & ORS.
  =========================================
  Appearance :
  PRATEEK S BHATIA for the Petitioner.
  MS DEVANSHI PATEL, AGP for the Respondents No.1,2,3,4
  =========================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                Date : 17/03/2026
                                                 ORAL ORDER


                       Learned advocate Mr. Prateek Bhatia appearing for the
  petitioner, under instructions, seeks permission to withdraw this
  petition with a view to approach the Labour Court. Permission as
  prayed for is granted. The petition stands dismissed as withdrawn.
  It is made clear that this Court has not examined the merits of the
  case.


                                                                                    (NIRZAR S. DESAI,J)


  SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/03/2026 17:40:09




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Devanshi Patel