High Court of Gujarat

BIPINCHANDRA KANTILAL PATEL S/O KANTILAL SOMNATH PATELversusFIELD ADVISOR - NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING

Decided: 20 March 2026
Disposal: 43-DISMISSED FOR DEFAULT @ FH
Bench: ANIRUDDHA P MAYEE

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear before the court.

Summary

The petitioner, Bipinchandra Kantilal Patel, failed to appear before the High Court of Gujarat as his residence was found locked and he had reportedly moved to Canada, leaving no known address. The court noted that the petitioner’s advocate had withdrawn and a fresh notice was issued, but the petitioner remained absent. The bailiff report confirmed the premises were vacant, and inquiries with neighbors corroborated the petitioner’s departure from India. The court, after multiple listings of the writ petition, observed the petitioner’s continued non-appearance. Consequently, the court dismissed the writ petition for non‑prosecution and discharged the rule.

Issues considered

Whether a writ petition can be dismissed for non‑prosecution due to the petitioner's failure to appear before the court

Subjects

writ petition
non‑prosecution
dismissal
procedural law
jurisdiction

Judgment

        C/SCA/14136/2014                                                                    ORDER DATED: 20/03/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 14136 of 2014

==========================================================
    BIPINCHANDRA KANTILAL PATEL S/O KANTILAL SOMNATH PATEL
                              Versus
   FIELD ADVISOR - NATIONAL COUNCIL OF EDUCATIONAL RESEARCH
                        AND TRAINING & ANR.
==========================================================
Appearance:
ADVOCATE NOTICE UNSERVED for the Petitioner(s) No. 1
MR JOY MATHEW(448) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================

   CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                   Date : 20/03/2026
                                                    ORAL ORDER


            By order dated 11.07.2025, the Additional Registrar
(Judicial) has permitted the withdrawal of the appearance of the
erstwhile advocate Mr. D.S.Vasavada appearing for the petitioner
and fresh Notice came to be issued to the petitioner returnable
on 22.08.2025.
            As per the Bailiff report, the premises of the sole petitioner
at the given address is locked since long.
            Upon inquiry with the neighbours, it transpires that the
petitioner has left India and settled at Canada and there is no
further address available with the neighbours.
            Thereafter, the present writ petition has been listed many-
a-times.
            Today also, none appears for the petitioner. Dismissed for
non-prosecution. Rule is discharged.



                                                                                  (ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/03/2026 15:34:47



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Joy Mathew