High Court of Gujarat

SADHGHARI MILK PRODUCERS CO.OP SOCIETY LTD.versusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The Court may allow withdrawal of a petition with liberty to institute appropriate proceedings, without adjudicating its merits.

Summary

The petitioners, Sadhghari Milk Producers Co‑op Society Ltd. and another, filed a Special Civil Application before the High Court of Gujarat against the State of Gujarat and others. They sought the Court's permission to withdraw the petition while retaining the liberty to institute appropriate proceedings in the proper forum. The Court considered whether it could grant such a withdrawal without examining the merits of the case. After hearing counsel, the Court allowed the withdrawal, expressly stating that it would not go into the merits. Consequently, the petition was disposed of as withdrawn and the notice was discharged.

Issues considered

Whether the High Court may permit a petitioner to withdraw a Special Civil Application with liberty to file appropriate proceedings before the appropriate forum

Subjects

withdrawal of petitioncivil procedurespecial civil applicationcourt discretiondisposal without merits

Judgment

          C/SCA/3251/2026                                                                ORDER DATED: 30/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 3251 of 2026

  ==========================================
       SADHGHARI MILK PRODUCERS CO.OP SOCIETY LTD. & ANR.
                                 Versus
                      STATE OF GUJARAT & ORS.
  ==========================================
  Appearance:
  ANURAG RATHOR FOR KARTIK H BHATT(9313) for the Petitioner(s) No.
  1,2
  MS RITU R GURU(5532) for the Petitioner(s) No. 1,2
  DS AFF.NOT FILED (N) for the Respondent(s) No. 5,6
  ADITYA DAVDA AGP for the Respondent(s) No. 1,2,3,4
  ==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                Date : 30/04/2026

                                                     ORAL ORDER

             Mr.Rathor, learned counsel for Mr.Bhatt, learned counsel for the
  petitioners seeks permission to withdraw the petition with a liberty to
  file appropriate proceedings before the appropriate forum.

             Permission as sought for is granted. The petition stands
  disposed of as withdrawn with above liberty. Notice is discharged.

             It is made clear that this Court has not gone into merits of the
  matter.

                                                                       (HEMANT M. PRACHCHHAK,J)
  V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 14:13:30




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