High Court of Gujarat

SANJAYKUMAR CHATURBHAI PATELversusDIRECTOR, AGRICULTURE MARKET AND RURAL FINANCE, GUJARAT STATE

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Sanjaykumar Chaturbhai Patel, filed a special civil application against the Director, Agriculture Market and Rural Finance, Gujarat, and others. The petitioner’s earlier advocate withdrew his appearance, and the court allowed the withdrawal, issuing a notice for the petitioner to appear by 24-12-2024. The petitioner failed to appear personally or through any counsel, indicating a lack of interest in pursuing the case. Consequently, the court dismissed the petition for want of prosecution and vacated any interim relief previously granted. The rule was discharged.

Issues considered

Can a civil petition proceed when the petitioner neither appears personally nor is represented by counsel after a notice to appear?

Subjects

civil procedurewithdrawal of advocatedismissal for want of prosecutionnon-appearance of petitioner

Judgment

           C/SCA/4701/2022                                                    ORDER DATED: 21/04/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 4701 of 2022

    ==========================================================
                   SANJAYKUMAR CHATURBHAI PATEL
                               Versus
      DIRECTOR, AGRICULTURE MARKET AND RURAL FINANCE, GUJARAT
                            STATE & ORS.
    ==========================================================
    Appearance:
    ADVOCATE NOTICE SERVED for the Petitioner(s) No. 1
    DS AFF.NOT FILED (R) for the Respondent(s) No. 1,2,3
    MS DIXA PANDYA AGP for the Respondent(s) No. 14
    MR DILIP B RANA(691) for the Respondent(s) No. 10,11,12,13,4,5,6,7,8,9
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE HEMANT M.
             PRACHCHHAK

                                             Date : 21/04/2026

                                                    ORDER


             The previous advocate appearing for the petitioner had
    filed a Note before the Registry withdrawing his appearance for
    the petitioner. The Additional Registrar (Judicial) vide order dated
    29.10.2024 had allowed the withdrawal and issued Advocate
    notice to the petitioner, made it returnable on 24.12.2024.
    Though this Court had issued notice to the petitioner, however,
    today, neither the petitioner has personally remained present
    before the Court nor he has engaged any lawyer to conduct the
    matter. It seems that the petitioner is not interested to proceed
    with the matter.

             In view of the above, the petition is dismissed for want of
    prosecution. Rule is discharged. Interim relief, if any, stands
    vacated forthwith.

                                                                  (HEMANT M. PRACHCHHAK,J)
    ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/04/2026 17:34:52
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