High Court of Gujarat

HAJIBHAI KASAM SADversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: NIRAL R MEHTA

Holding

The Court disposed of the petition on the ground that it was not being pressed by the petitioner.

Summary

The petitioner, Hajibhai Kasam Sad, filed a Special Civil Application before the Gujarat High Court seeking relief against the State of Gujarat and others. The respondent No.2, through counsel, requested that the notice dated 19 January 2026 be withdrawn and that fresh proceedings be initiated under Section 478 of the Gujarat Provincial Municipal Corporations Act, 1949. The petitioner’s counsel chose not to pursue the petition further after this statement. The Court noted the petition was not being pressed and consequently ordered its disposal. No substantive merits of the original claim were adjudicated. The order was signed by Justice Niral R. Mehta and digitally authenticated.

Issues considered

Whether the petition should continue after the respondent’s request to withdraw the notice and initiate fresh proceedings under Section 478 of the Gujarat Provincial Municipal Corporations Act, 1949
Whether the Court may dispose of a petition that is not being pressed by the petitioner

Legislation cited

Gujarat Provincial Municipal Corporations Act, 1949s. 478

Subjects

civil procedurewithdrawal of petitionmunicipal corporationSection 478High Court of Gujaratnotice

Judgment

          C/SCA/1171/2026                                                           ORDER DATED: 30/01/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 1171 of 2026

  ==========================================================
                                        HAJIBHAI KASAM SAD
                                               Versus
                                      STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance:
  MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1
  MR SAHIL TRIVEDI AGP for the Respondent(s) No. 1
  MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 2
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                                Date : 30/01/2026

                                                  ORAL ORDER

            Learned advocate Mr. Deepak Sanchela for the respondent
  No.2, under instructions, stated that order in the form of notice
  dated 19th January 2026 shall be withdrawn and fresh proceedings
  under the provisions of Section 478 of the Gujarat Provincial
  Municipal Corporations Act, 1949 shall be initiated in accordance
  with law.


            On such statement being made, learned advocate Mr. Ekrama
  Qureshi for the petitioner does not press the present petition any
  further at this stage. Present petition is accordingly disposed of as
  not pressed.


                                                                                         (NIRAL R. MEHTA,J)
  CHANDRESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 18:49:35




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