High Court of Gujarat
MAHEMUDBHAI USMANBHAI MODANversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court granted permission to withdraw the petition, disposing of it as withdrawn without examining the merits.
Summary
The petitioner, Mahemudbai Usmanbai Modan, filed a Special Civil Application before the Gujarat High Court and sought permission to withdraw the petition so that a separate application could be filed before the Deputy Collector, Dhandhuka, for an expeditious hearing. The petitioner, through counsel Mr. Y.J. Patel, requested the Court's leave to withdraw the pending petition. The Court considered the request and, without examining the merits of the underlying dispute, granted the petitioner's prayer. The order directed that the present petition stand disposed of as withdrawn. It further noted that any subsequent application before the Deputy Collector would be dealt with in accordance with law.
Issues considered
- Whether the High Court may grant permission to withdraw a Special Civil Application pending before it
Subjects
- withdrawal of petition
- special civil application
- procedural law
- court order
- high court jurisdiction
Judgment
C/SCA/9715/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9715 of 2026
=====================================================
MAHEMUDBHAI USMANBHAI MODAN
Versus
STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR Y J PATEL(3985) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2,3
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/07/2026
ORDER
1. Learned advocate Mr. Y. J. Patel appearing for
the petitioner, upon instructions, seeks
permission to withdraw the present petition with
a view to prefer an application for expeditious
hearing of the petitioner's pending application
before the Deputy Collector, Dhandhuka.
2. Permission, as prayed for, is granted. The
present petition stands disposed of as
withdrawn.
3. If any such application is made, the same shall
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C/SCA/9715/2026 ORDER DATED: 21/07/2026
be considered in accordance with law.
4. It is clarified that this Court has not examined
the merits of the matter.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 17:52:57
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