ANITA DINESHBHAI JAMBUversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- M R MENGDEY
Holding
The petition is withdrawn with liberty to approach the appropriate forum, and a stay of one week is ordered.
Summary
The petitioners, represented by Mr. Harsh M Upadhyay, filed a Special Criminal Application seeking protection of a property scheduled for possession on 12.07.2026. They requested permission to withdraw the present petition while retaining liberty to approach the appropriate forum for a remedy. The Court, after considering the advocate's statement, granted the permission to withdraw the petition. The petition was consequently disposed of as withdrawn. Additionally, the Court directed the concerned authority to stay its actions for one week or until the petitioners approach the forum, whichever is earlier. Direct service of the order was permitted on the same day.
Issues considered
- Whether the petitioners may withdraw the Special Criminal Application while retaining liberty to seek relief elsewhere
- Whether a stay of the concerned authority's actions should be imposed pending further proceedings
Subjects
Judgment
R/SCR.A/9814/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9814 of 2026
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ANITA DINESHBHAI JAMBU & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1,2,3
MS.MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 10/07/2026
ORDER
1. Learned advocate appearing for the petitioners would like
to take recourse of appropriate remedy in view of the
statute. However, since the possession of the property in
question is scheduled to be taken place on 12.07.2026, she
submitted that the petitioner be protected till the time she
approaches the concerned forum for appropriate remedy
and she seeks permission to withdraw the present petition
with the aforesaid liberty.
2. Having regard to this statement made by learned advocate
appearing for the petitioner, permission as sought for is
granted.
3. The present petition stands disposed of as withdrawn with
the aforesaid liberty.
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R/SCR.A/9814/2026 ORDER DATED: 10/07/2026
4. The concerned authority shall stay its hands for a period of
one week or till the petitioner approaches the concerned
forum whichever is earlier.
Direct service is permitted TODAY.
(M. R. MENGDEY,J)
NABILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 10/07/2026 14:39:20
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