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2026 Supreme(Online)(Guj) 14026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, CJ, D.N. Ray, J
TATA CHEMICALS LTDV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 3952 of 2001 | CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2001 | CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2002



Advocates:
For the Appellants/Petitioners: Shirish Joshi, Mihir J Thakore, Kunal K Nanavati, Siddhant K Gujarathi
For the Respondents: Kamal Trivedi, Hetal Patel, Ankit Shah

A writ petition is dismissed as infructuous when the petitioner informs the court that they no longer wish to pursue the prayers sought in the petition.

Headnote:(Procedural Law) - Withdrawal of Petition - When the petitioner chooses not to press the prayers sought in a writ petition, the petition is rendered infructuous and is liable to be dismissed. (Para 3, 4)

Issues: Whether the writ petition should be dismissed as infructuous following the petitioner's statement not to press the prayers.

Table of Content
1. procedural status of the case and the specific reliefs sought by the petitioner. (Para 1 , 2)
2. dismissal of a petition as infructuous upon the petitioner's decision not to press prayers. (Para 3 , 4)

ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Inspite of sufficient time granted to the Union of India to file their response, no affidavit has been brought on record even after the last opportunity was given on 15.04.2026. The request made by Mr. Ankit Shah, learned advocate appearing for the Union of India to grant further time, cannot be acceded to and hence, rejected.

2. This writ petition has been filed with the following reliefs:-

25(A) Your Lordships may be pleased to allow this writ petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the letters/ orders dated June 5, 2001 (Annexure “E”);

(BB) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the notifications at Annexure “H”, “I” and “J”;

(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, permanently restraining the respondents, their …. (prayer is missing)

(D) ……. (prayer is missing)

(E) …… ……. (prayer is missing) its Directors, Officers/ employees, or any one on their behalf from entering the area covered under the Marine National Park/ Marine Sanctuary or the forest area in question for the purpose of repairing and maintenance including replacement of damaged pipelines and to do anything needed to be done for maintenance and repairs of the pipelines.

(F) Pending the hearing and final hearing of the petition, Your Lordships may be pleased to stay and suspend the operation and implementation of the letters/ orders dated June 5, 2001 (Annexure “E”);

(G) An ex-parte ad-interim relief in terms of prayers (E) and (F) may kindly be granted.”

3. At the outset, it is submitted by Mr. Mihir J. Thakore, learned senior counsel assisted by Mr. Kunal K. Nanavati, learned advocate for the petitioner that the petitioner proposes not to press any of the prayers in the present petition. The writ petition, therefore, rendered infructuous with the passage of time.

4. In view of the above statement, the present writ petition dismissed, as infructuous. Interim relief, if any, stands discharged. Notice discharged.

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