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High Court of Gujarat

SURESH GOVINDBHAI RATHODversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court granted permission to withdraw the petition and disposed of it without examining the merits.

Summary

The petitioner, Suresh Govindbhai Rathod, filed a Special Civil Application before the High Court of Gujarat. The petitioner, through counsel Mr. Sandip M. Patel, sought the Court's permission to withdraw the petition in order to pursue an alternative remedy. The Court considered whether it could grant such permission. Justice Nirzar S. Desai granted the request, stating that the petition would be disposed of as withdrawn and that the merits would not be examined. Consequently, the petition stands withdrawn and no substantive adjudication on the issues was made.

Issues considered

  • Whether the High Court may grant permission to withdraw a pending petition at the petitioner's request

Subjects

  • withdrawal of petition
  • special civil application
  • procedural law
  • alternative remedy
  • court order

Judgment

                 C/SCA/9903/2026                                                                  ORDER DATED: 23/07/2026




                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CIVIL APPLICATION NO. 9903 of 2026

       ==========================================================
                                            SURESH GOVINDBHAI RATHOD
                                                      Versus
                                             STATE OF GUJARAT & ORS.
       ==========================================================
       Appearance:
       MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1
       VAIBHAV SHARMA AGP for the Respondent(s) No. 1
       MR MITESH L RANGRAS(3324) for the Respondent(s) No. 2,3
       ==========================================================

           CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                          Date : 23/07/2026

                                                                   ORDER

                       Registry is directed to accept the V.P. of learned
       advocate Mr.Mitesh L Rangras.


                   Learned advocate appearing for the petitioner, upon
       instructions, seeks permission to withdraw the present petition
       with a view to avail alternative remedy available to the
       petitioner.               Permission as prayed for is granted.                                              The present
       petition stands disposed of as withdrawn. It is made clear 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 16:56:31




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