Facts
Eight petitioners, residents of Village Joor, Surajpur, filed a writ petition challenging eviction notices dated 09.09.2020 issued by the Gram Panchayat (Respondent No. 5)
Source reference: para 3The petitioners sought a writ to quash the said notices and requested directions to restrain the respondent authorities from demolishing their houses and "baadis" (homestead gardens)
Source reference: para 3Additionally, they prayed for the allotment of the subject land on lease or "patta" in their favor, citing their long-term possession
Source reference: para 3When the matter was called for hearing on 27.03.2026, no counsel appeared for the petitioners in either the first or second round of calls
Source reference: para 1, 4Issues
Whether the writ petition is liable for dismissal due to non-appearance and lack of prosecution by the petitioners
Source reference: para 4Law Applied
The Court applied the procedural principle of dismissal for want of prosecution.
Source reference: para 4-5This principle allows a court to terminate proceedings without addressing the merits of the case if the party seeking relief fails to appear or demonstrate an active interest in pursuing the litigation
Source reference: para 4-5Reasoning
The Court noted that despite the case being called for hearing in two separate rounds, there was no representation on behalf of the petitioners
Source reference: para 1, 4While the Panel Lawyer for the State and the advocate for the Gram Panchayat (Respondent No. 5) were present and ready to proceed, the petitioners’ continued absence indicated a loss of interest in the subject matter of the petition
Source reference: para 2, 4The Court reasoned that in the absence of the moving party to press for the prayers regarding the quashing of notices and protection of possession, the only appropriate recourse was to dismiss the matter for want of prosecution
Source reference: para 4-5Holding
The Court dismissed the writ petition for want of prosecution due to the petitioners' failure to appear
No substantive relief was granted regarding the impugned notices or the protection of the petitioners' property
Source reference: para 5Original Court PDF
RAMKISHUN,vsSTATE OF CHHATTISGARH
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