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. 12-13On March 27, 2026, the matter was listed for hearing before the High Court of Chhattisgarh.
Source reference: p. 12-13When the case was called, no counsel or representative appeared on behalf of the petitioners.
Source reference: p. 13 / para. 1Issues
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. 1Law Applied
The Court applied the procedural principle of dismissal for "want of prosecution."
Source reference: p. 13 / para. 1This 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. 1Reasoning
The Court observed that the matter was called up for hearing on two separate occasions during the proceedings.
Source reference: p. 13 / para. 1Despite the matter being called twice, the petitioners remained unrepresented.
Source reference: p. 13 / para. 1The 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. 1-2Holding
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. 2Original Court PDF
UMESH KUMAR KASHYAPvsSTATE OF CHHATTISGARH
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