Jharkhand High Court
Civil Procedure and EvidenceAdministrative and Public Law

Writ petition dismissed for non-prosecution after repeated non-appearance by petitioners.

NAND KESHWAR PRASAD vs THE STATE OF JHARKHAND

Jharkhand High CourtJUDGMENT: September 10, 20261 MIN READSOURCE JUDGMENT
Writ petition dismissed for non-prosecution after repeated non-appearance by petitioners.. NAND KESHWAR PRASAD vs THE STATE OF JHARKHAND. Jharkhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petition was filed by 73 petitioners before the High Court of Jharkhand against the State of Jharkhand and other respondents.

Source reference: no citation

The judgment does not set out the substantive facts or relief sought in the writ petition.

Source reference: no citation

The matter remained pending from 2021.

Source reference: no citation

On 01.07.2024 and 06.08.2026, none appeared on behalf of the petitioners.

Source reference: p. 6, para. 2

On 10.09.2026, despite repeated calls, no one appeared for the petitioners, while the respondents were represented by counsel.

Source reference: p. 6, para. 3
02

Issues

Whether the writ petition should be dismissed for non-prosecution when the petitioners repeatedly failed to appear despite opportunities and repeated calls.

Source reference: p. 6, paras. 1–4

Whether any substantive relief could be granted in the absence of appearance or prosecution by the petitioners.

Source reference: p. 6, para. 3
03

Law Applied

The Court applied the procedural principle that a proceeding may be dismissed for non-prosecution where the party instituting it repeatedly fails to appear and pursue the matter despite opportunities.

Source reference: p. 6, paras. 1–4

No specific statutory provision, precedent, or substantive legal doctrine was discussed or relied upon in the order.

Source reference: p. 6, paras. 1–4
04

Reasoning

The Court noted that the writ petition was instituted in 2021 and that the petitioners had failed to appear on two earlier dates.

Source reference: p. 6, paras. 1–2

Their continued absence on 10.09.2026, despite repeated calls, demonstrated that they were not prosecuting the proceeding.

Source reference: p. 6, para. 3

In these circumstances, and without the petitioners being present to advance their case or seek relief, the Court declined to proceed on the merits and applied the procedural consequence of dismissal for non-prosecution.

Source reference: p. 6, para. 4
05

Holding

The High Court of Jharkhand dismissed W.P.(C) No. 4881 of 2021 for non-prosecution because none of the petitioners appeared despite repeated opportunities and calls.

No substantive issue concerning the underlying dispute was adjudicated, and no relief was granted on the merits.

Source reference: no citation
Jharkhand High Court

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NAND KESHWAR PRASADvsTHE STATE OF JHARKHAND

Jharkhand High Court · September 10, 2026

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