High Court of Gujarat

ALPESHKUMAR VITTHALDAS SHAHversusDIRECTOR, 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 because the petitioner, despite notice, neither appeared nor engaged counsel, showing no interest in prosecuting the matter.

Summary

This is a Special Civil Application filed by Alpeshkumar Vitthaldas Shah against the Director, Agriculture Market and Rural Finance, Gujarat State and others. The petitioner's previous advocate withdrew appearance, and the Additional Registrar (Judicial) allowed the withdrawal by order dated 29.10.2024 and issued advocate notice to the petitioner returnable on 24.12.2024. Despite service of notice, the petitioner neither appeared in person nor engaged any lawyer to conduct the matter. The Court observed that the petitioner appears not interested in proceeding with the matter. Consequently, the Court dismissed the petition for want of prosecution, discharged the rule, and vacated interim relief, if any.

Issues considered

Whether the petition is liable to be dismissed for want of prosecution when the petitioner fails to appear and has not engaged counsel after notice?

Subjects

dismissal for want of prosecutionnon-appearancewithdrawal of advocateinterim relief vacated

Judgment

         C/SCA/4704/2022                                                    ORDER DATED: 21/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 4704 of 2022

  ==========================================================
                  ALPESHKUMAR VITTHALDAS SHAH
                             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. 8
  MR DILIP B RANA(691) for the Respondent(s) No. 4,5,6,7
  ==========================================================

     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 17:33:47

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