AAL GITABEN MUKESHKUMARversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is disposed of as withdrawn, the earlier interim relief is vacated, and the Collector is directed to decide the pending matter within three months.
Summary
In Special Civil Application No. 6761 of 2019, AAL Gitaben Mukeshkumar filed a petition against the State of Gujarat and others seeking direction to the Collector, Banaskantha, after the matter was remanded by the Deputy Secretary, Food Civil Supplies and Consumer Affairs Department. The petitioner later requested permission to withdraw the petition and asked the Court to issue appropriate directions to the Collector. The Hon'ble Justice Hemant M. Prachchak granted the request, ordering the petition to be disposed of as withdrawn and vacating the earlier interim relief. The order further directed the Collector to decide the pending matter within three months, providing a reasonable opportunity to all parties to present their contentions and documents. The parties were allowed to raise any legal contentions before the Collector, who must consider them in accordance with law. The order was signed and digitally authenticated by the Principal Private Secretary of the High Court.
Issues considered
- What is the appropriate procedure for withdrawing a special civil application pending before the High Court?
- Whether the Court can direct the Collector to decide the matter after withdrawal of the petition.
Subjects
Judgment
C/SCA/6761/2019 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6761 of 2019
==========================================================
AAL GITABEN MUKESHKUMAR
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
JAIVIK UDAY BHATT(7319) for the Petitioner(s) No. 1
MR UDAY H BHATT(6457) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Respondent(s) No. 4
MR. HJ KARATHIYA(7012) for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 09/04/2026
ORAL ORDER
After arguing the matter for some time, learned
counsel for the petitioner seeks permission to withdraw
the present petition and request the Court to issue
appropriate direction to the Collector, Banaskantha,
before whom the matter is pending, as the matter was
remanded back by the Deputy Secretary, Food Civil
Supplies and Consumer A airs Department, Government
of Gujarat.
Permission sought for is granted. The petition stands
disposed of as withdrawn. Notice is discharged. Interim
relief granted earlier stands vacated forthwith.
However, considering the fact and circumstances of
the case, the Collector may decide the matter pending
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C/SCA/6761/2019 ORDER DATED: 09/04/2026
before him, after giving a proper and reasonable
opportunity to all concerned within period of three
months from the date of receipt of copy of present order
in accordance with law, without in(uenced by earlier
order.
It is open for the parties to raise all the contentions
available in the eye of law and if any additional
documents is required to be produced, the same shall be
produced before the Collector and the same shall be
considered by the Collector in accordance with the law.
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 18:33:32
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