High Court of Gujarat

MITESHBHAI CHIMANBHAI GURJARversusSTATE OF GUJARAT

Decided: 24 March 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court may grant permission to withdraw a petition, and upon such permission the petition stands disposed as withdrawn.

Summary

Mr. Maulik M. Soni filed a Special Civil Application (No. 9953 of 2021) before the High Court of Gujarat challenging the State of Gujarat and another party. The petitioner, through counsel Mr. Prem K. Shah, later sought the Court's permission to withdraw the petition. The Court considered whether it could grant such permission without examining the merits of the case. It held that the Court has the authority to allow withdrawal of a petition upon the petitioner's request. Consequently, the Court granted the permission, discharged the notice, and disposed of the petition as withdrawn, expressly stating that no merits were adjudicated.

Issues considered

Whether the Court may grant permission to withdraw a pending Special Civil Application.

Subjects

withdrawal of petition
civil procedure
special civil application
court discretion

Judgment

       C/SCA/9953/2021                                                               ORDER DATED: 24/03/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 9953 of 2021

==========================================================
                               MITESHBHAI CHIMANBHAI GURJAR
                                           Versus
                                  STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PREM K SHAH FOR MR. MAULIK M SONI(7249) for the Petitioner(s) No.
1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 24/03/2026

                                                       ORDER
         Mr. Prem K. Shah, learned counsel for Mr. Maulik
M. Soni, learned counsel for the petitioner, under
instruction,                seeks            permission                   to        withdraw                 present
petition.
         Permission as sought for is granted. The petition
stands disposed of as withdrawn. Notice is discharged. It
is clari ed that this Court has not entered into the merits
of the case.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:28:09




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