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. 1-4The matter was listed for hearing on 10.03.2026.
Source reference: p. 5During 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. 2Despite the matter being called twice for hearing, no representative or counsel appeared on behalf of the petitioners to prosecute the case.
Source reference: para. 1Issues
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. 1-3Law 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. 3It further considered the doctrine of "mootness" or "infructuousness" based on the State’s submission that the grievances were already redressed.
Source reference: para. 2Reasoning
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. 1Furthermore, 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. 2In 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. 3Holding
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. 3No specific costs were awarded, and the order was passed by Hon'ble Shri Justice Sanjay K. Agrawal.
Source reference: signed 10.03.2026Original Court PDF
Ku. Batkamma Nagul & Others v. State of Chhattisgarh & Others [2026:CGHC:11373]
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