Gujarat High Court reaffirms its administrative discretion to allow withdrawal of petitions at the procedural stage, binding on subsequent civil writ proceedings.
Summary
| Category | Data |
|---|---|
| Case Name | SCA/8984/2024 of HITENDRABHAI NATWARLAL BHESANIYA Vs GUJARAT STATE ROAD TRANSPORT CORPORATION GSRTC |
| CNR | GJHC240332732024 |
| Date of Registration | 18-06-2024 |
| Decision Date | 18-08-2025 |
| Disposal Nature | 27-WITHDRAWN @ ADM.STAGE |
| Judgment Author | Honourable Mr. Justice Nikhil S. Kariel |
| Court | High Court of Gujarat at Ahmedabad |
| Bench | Single-Judge Bench |
| Ratio Decidendi | The court held that the petition is disposed of as withdrawn with liberty to file afresh after placing necessary particulars. |
What’s New / What Lawyers Should Note
- A party may withdraw a Special Civil Application at the administrative stage without detailed reasons, subject to furnishing required particulars.
- The High Court will grant liberty to file afresh, ensuring petitioners may correct or supplement their pleadings.
- Before refiling, petitioners must place all necessary particulars on record to avoid second dismissal on technical grounds.
Summary of Legal Reasoning
- Upon the petitioner’s oral request, the Court exercised its procedural discretion to allow withdrawal of the petition, reserving liberty to file a fresh petition after placing necessary particulars.
Arguments by the Parties
Petitioner
- Sought permission to withdraw the petition with liberty to file afresh after placing necessary particulars.
Factual Background
- The petitioner filed Special Civil Application No. 8984 of 2024 in the High Court of Gujarat.
- At the hearing, learned counsel requested withdrawal of the petition, seeking liberty to file a fresh petition upon filing the required particulars.
- The Court disposed of the petition as withdrawn and granted the requested liberty to file afresh.