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Patna High Court

RENU DEVIversusTHE STATE OF BIHAR and ORS

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear before the court.

Summary

Renu Devi filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and others. The petitioner failed to appear before the court on multiple occasions, including the scheduled hearing on 08-05-2017. No counsel was present to press the petition or seek an adjournment. The respondents, represented by the Additional Counsel to the Standing Counsel (SC 26) and Mr. Sunil Kumar, were present and ready to argue. The court noted the petitioner’s persistent non‑appearance and consequent inability to prosecute the petition. Accordingly, the writ petition was dismissed for non‑prosecution.

Issues considered

  • Whether the writ petition should be dismissed on account of the petitioner’s failure to appear and prosecute the case

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • civil writ jurisdiction
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No. 14181 of 2010
                    ======================================================
                    Renu Devi
                                                                         .... .... Petitioner/s
                                                       Versus
                    The State of Bihar & Ors
                                                                        .... .... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :   None
                    For the Respondent/s       : AC to SC 26
                                                 Mr. Sunil Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
                    ORAL ORDER

3.     08-05-2017                  Today again, on call, none appeared on behalf of

                    petitioner either to press the petition or to make a prayer for

                    adjournment. On last date also, there was non-appearance on

                    behalf of petitioner, whereas, learned A.C. to Standing Counsel –

                    26 as well as Sri Sunil Kumar, learned counsel for respondent no.

                    6 are present.

                                   The writ petition stands dismissed due to non-

                    prosecution.


                                                                        (Rakesh Kumar, J.)
Anay


 U


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