Patna High Court

Jitendra Narayan SinghversusThe State Of Bihar and Ors

Decided: 24 March 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN RITESH KUMAR

Holding

A writ petition may be dismissed for non‑prosecution when the petitioner shows a clear lack of interest by repeatedly failing to appear.

Summary

The petitioner, Jitendra Narayan Singh, filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several prison officials. The petition was filed under the court's writ jurisdiction. Despite multiple notices, the petitioner failed to appear before the court and did not engage any counsel. The State was represented by Ms. Divya Verma, Assistant Counsel to the Additional Attorney General. The court observed that the petitioner’s continued non‑appearance indicated a lack of interest in pursuing the remedy. Consequently, the court dismissed the writ petition on the ground of non‑prosecution.

Issues considered

What is the appropriate course of action when a petitioner repeatedly fails to appear before the court in a writ proceeding?

Subjects

writ petition
non‑prosecution
dismissal
civil writ jurisdiction
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13403 of 2013
                  ======================================================
                  Jitendra Narayan Singh Son Of Late Dinesh Chandra Singh Resident Of
                  Village Hirdan Bigha, P.S. - Barahia, District - Lakhisarai, Presently Posted
                  As Deputy Superintendent , District Jail, Khagaria
                                                                              ... ... Petitioner/s
                                                     Versus
             1.    The State Of Bihar
             2.   The Principal Secretary, Home Prisons Department, Government Of Bihar,
                  Patna
             3.   The Inspector General Of Prisons, Bihar, Patna
             4.    The Joint Secretary-Cum-Director Administration, Directorate Of Prisons,
                   Home Prisons Department, Government of Bihar, Patna
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      None
                  For the State           :      Ms. Divya Verma (AC to AAG-3)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER
7    24-03-2025                   Upon repeated calls, no one appears on behalf of the

                    petitioner. Learned Counsel for the State is present.

                                  2. Learned Counsel for the State submits that vide

                    order no.6 dated 09.12.2024, no one appeared on behalf of the

                    petitioner. And today also, no one appears on behalf of the

                    petitioner.

                                  3. In this view of the matter, it transpires to this Court

                    that the petitioner is not interested to pursue this case and

                    therefore, this writ petition is hereby dismissed due to non

                    prosecution.



                                                             (Dr. Anshuman, J)
Divyansh/-

U

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Divya Verma