High Court of Gujarat

HITESHKUMAR SUKHABHAI PATELversusOFFICE OF COMMISSIONER OF SCHOOLS

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRAL R MEHTA

Holding

The petition is withdrawn and disposed of as such.

Summary

The petitioner, Hitesh Kumar Sukhbai Patel, filed a Special Civil Application before the High Court of Gujarat seeking permission to withdraw the petition and to pursue an alternative remedy. The petitioner was represented by Ms. Mamta R. Vyas, while the respondents, the Office of Commissioner of Schools and others, were represented by Ms. Vanita Bharwani, Assistant Government Pleader. The Court considered whether the petitioner could be allowed to withdraw the petition without prejudice. The Court held that the petition could be withdrawn and granted the relief sought. It further noted that the time spent on the petition would be treated as bona fide litigation and ordered the petition to be disposed of as withdrawn.

Issues considered

Whether the petitioner is entitled to withdraw the Special Civil Application and seek an alternative remedy

Subjects

withdrawal of petitioncivil procedurespecial civil application

Judgment

       C/SCA/7235/2026                                                    ORDER DATED: 23/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 7235 of 2026

==========================================================
                      HITESHKUMAR SUKHABHAI PATEL
                                  Versus
                OFFICE OF COMMISSIONER OF SCHOOLS & ORS.
==========================================================
Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
MS. VANITA BHARWANI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                         Date : 23/07/2026

                                           ORAL ORDER


         Learned advocate Ms. Mamta Vyas for the petitioner,
seeks permission to withdraw the present petition with a
liberty to avail the alternative remedy available in accordance
with law.


         Permission, as prayed for, is granted. The present petition
is disposed of accordingly as withdrawn. However, it is
clarified that the time consumed in pursuing this petition, shall
be treated as bona fide litigation.



                                                                              (NIRAL R. MEHTA,J)
NIHAL PATEL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIHAL PATEL(HC02355), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/07/2026 13:12:54




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