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High Court of Gujarat

NILESHKUMAR ZILUSINH THAKORversusSTATE OF GUJARAT

Disposal
37-DISMISSED FOR DEFAULT @ ADMISSION

Holding

A writ petition is dismissed for non‑prosecution when the petitioner does not appear for the scheduled hearings.

Summary

Petitioner Nileshkumaar Zilusinh Thakor filed a Special Civil Application before the High Court of Gujarat seeking relief against the State of Gujarat and others. The petitioner failed to appear at two scheduled hearings despite notices. The Court noted the petitioner’s non‑appearance and held that the proceedings could not continue. Consequently, the writ petition was dismissed for non‑prosecution. The Court also discharged the notice and vacated any interim relief that had been granted pending the petition.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear for scheduled hearings in a writ petition?

Subjects

writ petitionnon‑prosecutiondismissalinterim reliefcivil procedure

Judgment

             C/SCA/5382/2020                                                                  ORDER DATED: 05/03/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CIVIL APPLICATION NO. 5382 of 2020

    ==========================================================
                                      NILESHKUMAR ZILUSINH THAKOR
                                                  Versus
                                         STATE OF GUJARAT & ORS.
    ==========================================================
    Appearance:
    MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
    ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
    Respondent(s) No. 1
    MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER for the
    Respondent(s) No. 2
    MR BHAVESH B CHOKSHI(3109) for the Respondent(s) No. 3
    NOTICE SERVED BY DS for the Respondent(s) No. 1
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                       Date : 05/03/2026

                                                         ORAL ORDER


               Though twice the matter was called out, none present for the

    petitioner. Accordingly, the present writ petition is dismissed for non-

    prosecution. Notice is discharged. Interim relief, if any, stands

    vacated forthwith.




                                                                                                (MAULIK J.SHELAT,J)
    NILESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 05/03/2026 14:34:57




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