Patna High Court

M/s Shri Mohan PaswanversusThe Union of India

Decided: 29 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: MOHIT KUMAR SHAH ARUN KUMAR JHA

Holding

The Court held that the writ petition must be dismissed for want of prosecution.

Summary

M/s Shri Mohan Paswan filed a civil writ petition in the Patna High Court challenging actions of the Union of India and various GST officials. The petitioner failed to appear before the Court despite repeated notices. The Court observed that the lack of appearance indicated no interest in prosecuting the petition. Consequently, the Court exercised its inherent power to dismiss proceedings for want of prosecution. No substantive merits of the petition were examined. The writ petition was therefore dismissed.

Issues considered

Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear before the Court

Subjects

writ petition
dismissal
want of prosecution
civil writ jurisdiction
GST
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.13819 of 2025
                  ======================================================
                  M/s Shri Mohan Paswan through the Proprietor Mohan Paswan aged about 45
                  Years (M), Son of Bittu Paswan, R/o Kaimashikoh Nahar Par, Patna City,
                  Patna, Bihar- 800008.
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     The Union of India through the Commissioner, Central Goods and Services,
                   Excise, Central Revenue Building (Annexe) Birchand Patel Path Patna
                   800001.
            2.    The Additional Commissioner (Appeals), Central GST and Central Excise
                  Patna, 2nd floor C.R Building (Annexe) Birchand Patel Path, Patna.
            3.    The Assistant Commissioner, CGST and CX Patna (East) Division Patna.
            4.     The Superintendent, CGST and CX, Patna City Range Patna.
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       None
                  For the Respondent/s   :       Additional Solicitor General
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                          and
                          HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2    29-04-2026            Despite repeated calls, nobody has bothered to

                    appear for the petitioner, hence, it appears that the

                    petitioner has got no interest in prosecuting the

                    present writ petition, thus, this Court has no option but

                    to dismiss the present writ petition for want of

                    prosecution.

                    2.     Accordingly, the present writ petition stands

                    dismissed for non-prosecution.


                                             (Mohit Kumar Shah, J)


                                              ( Arun Kumar Jha, J)
S.Sb/-

U

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