High Court of Gujarat

HIMANSHU CHOKSHIversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court granted permission to withdraw the petition, disposing of it as withdrawn.

Summary

Himanshu Chokshi filed a Special Civil Application before the Gujarat High Court against the State of Gujarat and others, seeking relief. The petitioner later requested permission to withdraw the petition to pursue an appropriate remedy elsewhere. The Court, after hearing, granted the petitioner's request to withdraw the petition on a bona fide basis. It noted that the petitioner had approached the wrong forum and that the time spent on the petition would not be treated as a delay for any future proceedings. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a Special Civil Application filed before it.
Whether the delay incurred while the petition was pending can be condoned given that the petitioner approached the wrong forum.

Subjects

withdrawal of petitionwrong forumdelay condonationSpecial Civil ApplicationHigh Court of Gujarat

Judgment

        C/SCA/7891/2025                                                               ORDER DATED: 17/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/SPECIAL CIVIL APPLICATION NO. 7891 of 2025
==========================================================
                                         HIMANSHU CHOKSHI
                                               Versus
                                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
NATASHA SUTARIA(7907) for the Petitioner(s) No. 1
MR ROSHNI PATEL AGP for the Respondent(s) No. 1,2
MR V A ZALA(11441) for the Respondent(s) No. 3,4
MR.JAYRAJ K. DANI(18686) for the Respondent(s) No. 3,4
NOTICE SERVED for the Respondent(s) No. 5
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                                 Date : 17/02/2026
                                                  ORAL ORDER


          Though the matter was heard at length, learned
counsel for the petitioner seeks permission to withdraw
the present petition with a view to avail appropriate
remedy available under the law.
          Therefore, under bona                                    de manner, permission to
withdraw the petition is granted. The petition stands
disposed of as withdrawn with above liberty.
          It is to be noted that the petitioner has approached
wrong forum and, therefore, the period for which the
petition is pending before this Court and consumed time,
the same shall not be considered qua delay and the delay
can be considered sympathetically.


                                                                         (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 19/02/2026 17:01:56




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