Created by Fuzzy Cloud

Patna High Court

Gulam Muztaba RahmaniversusThe United India Insurance Company Ltd. and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition was dismissed for default and non‑prosecution as the petitioner failed to comply with the court’s directions and showed no interest in pursuing the matter.

Summary

Gulam Muztaba Rahmani filed a writ petition against United India Insurance Company Ltd. The Patna High Court had earlier ordered the petitioner to file the rules for promotion to the post of Development Officer and granted extensions. The petitioner failed to comply and, when asked for further time, the counsel indicated no instruction to continue. The court found that the petitioner had no interest in pursuing the writ. Consequently, the petition was dismissed for default and non‑prosecution.

Issues considered

  • Whether the writ petition should be dismissed for default and non‑prosecution due to the petitioner’s failure to comply with the court’s directions and lack of interest in pursuing the matter

Subjects

  • writ petition
  • default
  • non‑prosecution
  • court order compliance
  • promotion rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.18044 of 2013
                 ======================================================
                 Gulam Muztaba Rahmani

                                                                          ... ... Petitioner/s
                                                  Versus
                 The United India Insurance Company Ltd. and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Devanand Tiwari, Advocate
                 For the Respondent/s   :    Mr.Ashok Priyadarshi, Advocate
                 For UIICL              :    Mr. Shailesh Anand, Advocate
                                        :    Mr. Sukesh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                       ORAL ORDER

8   05-01-2026                 1. On 20.08.2025, this Court has passed a

                   detailed order, which reads as follows:-

                                        “No one appears appears on
                               behalf of the petitioner, learned counsel
                               for United India Insurance Company
                               Limited is present.
                                        2. By the last order dated
                               09.12.2024, eight weeks time was
                               granted to the petitioner to file the rules
                               for    promotion     on   the    post    of
                               Development Officer. Till date, the
                               petitioner has not filed the rules for
                               promotion.
                                        3. Further three weeks time is
                               granted to the petitioner to comply with
                               the order dated 09.12.2024, failing
                               which the present writ application will
                               be decided on the basis of materials on
                               record. It is further made clear that this
                               is an old matter of the year 2013 and if
                               on the next date also, the petitioner
                               does not appear or take interest in
           Patna High Court CWJC No.18044 of 2013(8) dt.05-01-2026
                                                      2/2




                                 pressing the writ application then, the
                                 Court may consider dismissing it for non
                                 prosecution.
                                         4. Put up this case on
                                 10.09.2025.”

                                 2.    Inspite of it,            Mr.   Devanand Tiwari

                     representing the petitioner again seeks time and

                     he says that he has no instruction to further

                     proceed with the matter.

                                 3. Therefore, this Court deems that the

                     petitioner has has no interest in pressing the Writ

                     petition. Therefore, the present Writ petition stands

                     dismissed for default and for non-prosecution.



                                       (G. Anupama Chakravarthy, J)
amitkr/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.