Chhattisgarh High Court

Writ petition dismissed for want of prosecution following non-appearance and submission of relief already granted.

Ku. Batkamma Nagul & Others v. State of Chhattisgarh & Others [2026:CGHC:11373]

Chhattisgarh High CourtJUDGMENT: 10.03.20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners (22 individuals from District Bijapur) filed a writ petition under Article 226 of the Constitution of India against the State of Chhattisgarh and police authorities.

Source reference: p. 1-4

The matter was listed for hearing on 10.03.2026.

Source reference: p. 5

During the proceedings, the State counsel informed the Court that the reliefs sought by the majority of the petitioners had already been granted.

Source reference: para. 2

Despite the matter being called twice for hearing, no representative or counsel appeared on behalf of the petitioners to prosecute the case.

Source reference: para. 1
02

Issues

1. Whether the writ petition is maintainable for further adjudication when the petitioners fail to appear and the sought reliefs have largely been granted.

Source reference: para. 1-3
03

Law Applied

The Court applied the procedural principle of "dismissal for want of prosecution" under the High Court Rules and the Code of Civil Procedure, 1908 (specifically Order IX), which allows a court to dismiss a matter when the plaintiff/petitioner fails to appear when the case is called for hearing.

Source reference: para. 3

It further considered the doctrine of "mootness" or "infructuousness" based on the State’s submission that the grievances were already redressed.

Source reference: para. 2
04

Reasoning

The Court observed that the petitioners showed a lack of interest in pursuing the litigation, as evidenced by their absence during two separate calls of the matter.

Source reference: para. 1

Furthermore, the Court took into account the submission made by the learned counsel for the respondents/State, who clarified that the administrative or legal reliefs claimed by most petitioners had already been fulfilled.

Source reference: para. 2

In the absence of the petitioners to contest this claim or press for any remaining grievances, the Court determined that there was no requirement to keep the petition pending on the file.

Source reference: para. 3
05

Holding

The Court held that the petition could not proceed due to the non-appearance of the petitioners.

Consequently, the writ petition was dismissed for want of prosecution.

Source reference: para. 3

No specific costs were awarded, and the order was passed by Hon'ble Shri Justice Sanjay K. Agrawal.

Source reference: signed 10.03.2026
Chhattisgarh High Court

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Ku. Batkamma Nagul & Others v. State of Chhattisgarh & Others [2026:CGHC:11373]

Chhattisgarh High Court · 10.03.2026

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