High Court of Gujarat

PARESHBHAI JAGMALBHAI JHALAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE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

Holding

The Court may allow a petition to be withdrawn when it has become infructuous, without delving into the merits.

Summary

Petitioner Maulik Soni, through counsel Mr. Prem K. Shah, filed a special civil application seeking the Court's permission to withdraw the petition on the ground that it had become infructuous. The respondent State of Gujarat and others were served with notice. The sole question before the Court was whether it could allow the withdrawal without examining the merits. The Court, after noting the petition was no longer capable of yielding any relief, granted the request. Consequently, the petition was disposed of as withdrawn and the notice was discharged, with the Court expressly stating that it did not consider the merits of the case.

Issues considered

Whether the Court may permit withdrawal of a petition on the ground that it has become infructuous without addressing its merits

Subjects

withdrawal of petitioninfructuous petitioncivil procedurehigh court orderdisposal without merits

Judgment

           C/SCA/6433/2022                                                   ORDER DATED: 20/03/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 6433 of 2022

    ================================================================
                                PARESHBHAI JAGMALBHAI JHALA
                                           Versus
                                  STATE OF GUJARAT & ORS.
    ================================================================
    Appearance:
    MR PREM K SHAH FOR MR. MAULIK M SONI(7249) for the Petitioner(s) No.
    1
    DS AFF.NOT FILED (N) for the Respondent(s) No. 3,6
    MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,4,5
    ===============================================================

       CORAM:HONOURABLE MR. JUSTICE HEMANT M.
             PRACHCHHAK

                                             Date : 20/03/2026

                                                    ORDER


             Mr. Prem Shah, learned counsel appearing on behalf of Mr.
    Maulik Soni, learned counsel for the petitioner, under instruction
    seeks permission to withdraw the present petition as the petition
    has become infructuous.


             Permission as sought for is granted. The petition stands
    disposed of as withdrawn as having become infructuous. Notice
    is discharged.


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

                                                                  (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 20/03/2026 17:17:02




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