High Court of Gujarat

PRAJAPATI REKHABEN ASHOKKUMARversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is disposed of as withdrawn, with no merits considered and interim relief vacated.

Summary

Petitioner Prajapati Rekhaben Ashokkumar filed a Special Civil Application seeking relief based on an adoption deed, which was not produced with the petition. The petitioner, through counsel Mr. K I Kazi, requested permission to withdraw the petition and file a fresh application before the appropriate authority with the required documents. The Court granted the withdrawal, clarified that it had not examined the merits, and discharged the notice. Any interim relief previously granted was vacated. The petitioner may now file a new application with the adoption deed for adjudication by the concerned authority.

Issues considered

Whether the petitioner may be allowed to withdraw the Special Civil Application and file a fresh application with the adoption deed.
Whether the interim relief granted earlier should be vacated upon withdrawal of the petition.

Subjects

adoptionwithdrawal of petitionspecial civil applicationinterim reliefprocedural law

Judgment

          C/SCA/18538/2022                                                    ORDER DATED: 23/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 18538 of 2022
    ==========================================================
                             PRAJAPATI REKHABEN ASHOKKUMAR
                                          Versus
                                 STATE OF GUJARAT & ORS.
    ==========================================================
    Appearance:
    MR K I KAZI(5030) for the Petitioner(s) No. 1
    MR ANGESH PANCHAL AGP for the Respondent(s) No. 1
    DS AFF.NOT FILED (N) for the Respondent(s) No. 1
    MS NIYATI K SHAH(2935) for the Respondent(s) No. 2
    NOTICE SERVED BY DS for the Respondent(s) No. 3
    ==========================================================

      CORAM:HONOURABLE MR. JUSTICE HEMANT M.
            PRACHCHHAK

                                             Date : 23/04/2026

                                                    ORDER

             Mr. K I Kazi, learned counsel for the petitioner submits that the
    adoption deed was executed and it was not produced along with the
    petition. Mr. Kazi, learned counsel under instruction seeks permission to
    withdraw the present petition with a liberty to file fresh application
    before the concerned authority.

             Permission as sought for is granted. The petition stands disposed
    of as withdrawn. It is made clear that this Court has not gone into the
    merits of the case. Notice is discharged. Interim relief, if any, granted
    earlier is vacated forthwith.

             It is open for the petitioner to file appropriate application along
    with the adoption deed and all the necessary documents before the
    concerned authority and the concerned authority shall decide the same
    in accordance with law, after giving proper opportunity of hearing to the
    petitioner.

                                                                  (HEMANT M. PRACHCHHAK,J)
    ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/04/2026 19:19:18

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