Chhattisgarh High Court

Writ petition dismissed for want of prosecution following repeated non-appearance of the petitioners.

UMESH KUMAR KASHYAP vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 27, 20261 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Seventy petitioners, including Assistant Veterinary Field Officers and other staff within the Veterinary Services Department, filed a writ petition against the State of Chhattisgarh’s Animal Husbandry and Finance Departments.

Source reference: p. 12-13

On March 27, 2026, the matter was listed for hearing before the High Court of Chhattisgarh.

Source reference: p. 12-13

When the case was called, no counsel or representative appeared on behalf of the petitioners.

Source reference: p. 13 / para. 1
02

Issues

Whether the writ petition is liable to be dismissed on account of the non-appearance of the petitioners or their legal counsel when the matter was called for hearing.

Source reference: p. 13 / para. 1
03

Law Applied

The Court applied the procedural principle of dismissal for "want of prosecution."

Source reference: p. 13 / para. 1

This principle, derived from the High Court Rules and the Code of Civil Procedure, 1908 (specifically Order IX, Rule 8), allows a court to dismiss a suit or petition if the defendant appears but the plaintiff/petitioner fails to appear when the case is called for hearing.

Source reference: p. 13 / para. 1
04

Reasoning

The Court observed that the matter was called up for hearing on two separate occasions during the proceedings.

Source reference: p. 13 / para. 1

Despite the matter being called twice, the petitioners remained unrepresented.

Source reference: p. 13 / para. 1

The Court noted that in the absence of the petitioners or their counsel to argue the case, there was no alternative but to dismiss the petition for want of prosecution rather than adjudicating the matter on its merits.

Source reference: p. 13 / para. 1-2
05

Holding

The Court held that the petition could not proceed due to the petitioners’ failure to prosecute the case.

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

Source reference: p. 13 / para. 2
Chhattisgarh High Court

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UMESH KUMAR KASHYAPvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 27, 2026

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