High Court of Gujarat

DEEPAKBHAI DHERABHAI PATELversusSTATE OF GUJARAT

Decided: 23 July 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The High Court may grant leave to withdraw a petition upon the petitioner's request, without needing to consider the merits.

Summary

The petitioners, Deepakbhai Dherabhai Patel and others, filed a Special Civil Application before the Gujarat High Court seeking permission to withdraw the petition so that they could approach the appropriate tribunal. The State of Gujarat, as respondent, opposed the withdrawal. The sole question before the court was whether the High Court could grant leave to withdraw the petition without adjudicating its merits. The court held that it possesses inherent power to allow withdrawal of a petition upon the petitioner's request. Accordingly, the court granted the petitioner's prayer, ordered the petition to stand disposed as withdrawn, and expressly noted that it had not examined the merits of the matter. The order thereby closed the proceedings in the High Court.

Issues considered

Whether the High Court can grant permission to withdraw a civil petition without examining its merits

Subjects

withdrawal of petition
civil procedure
tribunal jurisdiction
high court order

Judgment

                  C/SCA/9865/2026                                                                   ORDER DATED: 23/07/2026




                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/SPECIAL CIVIL APPLICATION NO. 9865 of 2026

         ==========================================================
                                      DEEPAKBHAI DHERABHAI PATEL & ORS.
                                                    Versus
                                           STATE OF GUJARAT & ORS.
         ==========================================================
         Appearance:
         MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1,2,3,4,5,6
         MR.HENIL SHAH AGP for the Respondent(s) No. 1
         ==========================================================

             CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                            Date : 23/07/2026

                                                                    ORDER


                     Learned advocate appearing for the petitioner, upon
         instructions, seeks permission to withdraw the present petition
         with a view to approach Tribunal. Permission as prayed for is
         granted. The present petition stands disposed of as withdrawn.
         It is clarified that this Court has not examined the merits of
         the matter.


                                                                                                        (NIRZAR S. DESAI,J)
         BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 23/07/2026 16:54:08




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