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High Court of Gujarat

ANITA DINESHBHAI JAMBUversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

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The petition is withdrawn with liberty to approach the appropriate forum, and a stay of one week is ordered.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 The petition was consequently disposed of as withdrawn.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

withdrawal of petitionstay of proceedingsspecial criminal applicationproperty possessioncourt order

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

==========================================================
                          ANITA DINESHBHAI JAMBU & ORS.
                                      Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1,2,3
MS.MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================

 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.




                                     Page 1 of 2
       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




                                                      Page 2 of 2


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