Patna High Court

M/s Shailesh Construction,versusThe State of Bihar

Decided: 4 May 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUDHIR SINGH SHAILENDRA SINGH

Holding

The writ petition is dismissed for non‑prosecution.

Summary

M/s Shailesh Construction, represented by its partner Shailesh Saurav, filed a civil writ petition before the Patna High Court against the State of Bihar and several officials of the Building Construction Department. No counsel appeared on behalf of the petitioner, while the respondents argued that the matter had become infructuous and required no further order. The court noted the absence of any representation for the petitioner and, on that basis, dismissed the writ application for non‑prosecution. No substantive merits of the petition were addressed. The dismissal was entered as a procedural order due to the petitioner’s failure to prosecute the case.

Issues considered

Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear
Whether the matter is infructuous and no further order is required

Subjects

civil writ jurisdiction
non‑prosecution
infructuous petition
procedural default
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1140 of 2025
                 ======================================================
                 M/s Shailesh Construction, through its Partner Shailesh Saurav, aged about 22
                 years, (Male)S/o Sri Ramesh Shankar Panday R/o-Mathurapur, Post-
                 Mathurapur, P.S. and Dist.-Sheohar-843329, Adhar no-568959039831, Mob-
                 7250319624.

                                                                               ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar the Principal Secretary, Building Construction Dept.,
                 Bishweshraiya Bhawan, Bailey Road, Patna-1.
           2.    The Engineer In Chief, Chief Engineer, Building Construction Dept.,
                 Bishweshraiya Bhawan, Bailey road, Patna-1.
           3.    The Chief Engineer(North), BCD, Bishweshraiya Bhawan, Bailey road,
                 Patna-1.
           4.    The Superintending Engineer, Building Circle, Motihari.
           5.    The Executive Engineer, Building Division- Sheohar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the State          :      Mr. Raghwanand, GA-11
                                               Mr. Pratik Kumar, AC to GA-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

8   04-05-2026                    None appears on behalf of the petitioner.

                                 2. Learned counsel for the respondents submits that

                   the matter has become infructuous and no further order is

                   required to be passed in the present writ application.

                                 3. Considering the fact that none appears on behalf of
           Patna High Court CWJC No.1140 of 2025(8) dt.04-05-2026
                                                       2/2




                     the petitioner, the present writ application is dismissed for non

                     prosecution.



                                                 (Sudhir Singh, J)


                                               (Shailendra Singh, J)
Sachin/-

U

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