ABDUL SALEEM AversusTHE STATE TAX OFFICER-2
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
Holding
The writ petition is disposed of as withdrawn, with liberty granted to file an appeal within one week and for the appellate authority to dispose of it within twelve weeks.
Summary
Petitioner Abdul Saleem A filed a special civil application seeking to withdraw his writ petition and instead pursue an appeal before the appellate authority, requesting that the appeal be filed within one week and disposed of within twelve weeks. The Court considered the petitioner's request and clarified that withdrawal would not prejudice his interests and that he could seek release of the vehicle before the appellate authority. The Court granted the withdrawal of the writ petition and directed that, if the appeal is filed within the stipulated week, the appellate authority must dispose of it within twelve weeks. The order also affirmed that the petitioner retains the liberty to seek release of the vehicle pending the appeal. Consequently, the writ petition was disposed of as withdrawn with the specified liberty.
Issues considered
- Whether the petitioner may withdraw the writ petition and file an appeal before the appellate authority
- Whether the court can direct a specific time frame for filing and disposal of the appeal
Subjects
Judgment
C/SCA/17814/2025 ORDER DATED: 05/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17814 of 2025
==========================================================
ABDUL SALEEM A
Versus
THE STATE TAX OFFICER-2 & ANR.
==========================================================
Appearance:
MR SAHIL J RAO(13319) for the Petitioner(s) No. 1
DR POOJA ASHAR, AGP for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 05/01/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
Learned advocate appearing for the
petitioner, after making submissions, requests
for withdrawal of the present writ petition with
a view to file an appeal before the appellate
authority. He further requests that the appellate
authority may be directed to dispose of the
appeal within some specific period.
Under the circumstances, in case, the appeal
is filed within a period of one week from today,
the appellate authority shall dispose of the same
within a period of 12 weeks. It is always open
for the petitioner to seek release of the vehicle
before the appellate authority. Further, it is
clarified that withdrawal of the present writ
petition may not be construed detrimental to the
interest of the petitioner.
Page 1 of 2
C/SCA/17814/2025 ORDER DATED: 05/01/2026
The present writ petition stands disposed of
as withdrawn with the aforesaid liberty.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(PRANAV TRIVEDI, J)
NVMEWADA/5
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: NEHABEN VINODBHAI MEWADA(HC01571), PRIVATE SECRETARY, at High Court of Gujarat on 05/01/2026 14:16:32
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.