HAVSINH BADIYA BHURIYA DECEASED THRO LEGAL HEIRSversusSTATE OF GUJARAT THRO' THE SECRETARY,
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- DIVYESH A JOSHI
Holding
The petition is dismissed for default because the petitioners are deceased and no advocate is available to prosecute the case.
Summary
The petitioners, legal heirs of the deceased Havisnh Badiya Bhuriya, filed a Special Civil Application against the State of Gujarat. Their counsel filed a withdrawal note, which the Additional Registrar accepted and issued notice to the petitioners. Subsequently, a bailiff report indicated that all petitioners had passed away. With no petitioners or their advocate present, the Court found it could not proceed with the matter. Consequently, the petition was dismissed for default, the rule was discharged, and any interim relief previously granted was vacated.
Issues considered
- Can the Court continue proceedings when all petitioners have died and no representative is available?
- Should interim relief remain in force after the petitioners' death and withdrawal of the case?
Subjects
Judgment
C/SCA/10797/2008(GJHC240408742008) ORDER DATED: 24/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10797 of 2008
=======================================================
HAVSINH BADIYA BHURIYA DECEASED THRO LEGAL HEIRS & ORS.
Versus
STATE OF GUJARAT THRO' THE SECRETARY, & ORS.
=======================================================
Appearance:
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESENTATIVES for
the Petitioner(s) No. 1
UNSERVED EXPIRED (N) for the Petitioner(s) No. 1.1,1.2,2,3
MS HEMALI SONI AGP for the Respondent(s) No. 1,4
MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 2
NILKANTHROY TRIVEDI(1824) for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 3
=======================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/08/2026
ORAL ORDER
Having gone through the papers, it has emerged
that on filing withdrawal note by learned advocate, who
was representing the petitioners, learned Additional
Registrar (Judicial), by an order dated 21.04.2026,
accepted the said note and issued notice upon the
petitioner. Pursuant to the said order, notice was
issued upon the petitioners and pursuant thereto,
report has been received from the concerned Bailiff of
concerned trial court, which suggests that the
petitioners have passed away.
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C/SCA/10797/2008(GJHC240408742008) ORDER DATED: 24/08/2026
Therefore in absence of either petitioners or
their advocate, this Court is not in a position to
proceed further with the matter. Hence, this petition
stands dismissed for default for want of prosecution.
Rule is discharged. Interim relief stands vacated.
(DIVYESH A. JOSHI, J.)
Gautam
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 24/08/2026 17:16:28
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