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Patna High Court

SHAMBHU GOSWAMIversusTHE STATE OF BIHAR and ORS

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The writ petition was dismissed for want of prosecution.

Summary

The petitioner, Shambhu Goswami, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and certain officials. The court issued notices and scheduled hearings, but despite repeated calls, no counsel appeared on behalf of either the petitioner or the respondents. The cause list even listed counsel names, yet none attended the hearing on 12-02-2015. The judge considered whether the petition could proceed in the absence of any representation. Concluding that the petition was not being prosecuted, the court dismissed it for want of prosecution.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when no party appears before the court despite notices

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • civil writ jurisdiction
  • high court procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Civil Writ Jurisdiction Case No.20042 of 2010
                     ======================================================
                     Shambhu Goswami, son of late Radhakant Goswami, resident of village-
                     Bhramarpur, P.S.-Bihpur, District-Bhagalpur.
                                                                           .... .... Petitioner/s
                                                        Versus
                     1. The State of Bihar through the Principal Secretary-cum-Commissioner,
                        Food and Civil Supply, Government of Bihar, Old Secretariat Building,
                        Patna.
                     2. The District Magistrate, Bhagalpur.
                     3. The Block Development Officer, Narayanpur, Naugachhia, P.S.-Bihpur
                        in the district of Bhagalpur.
                                                                          .... .... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :   None
                     For the Respondent/s       : None
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                     ORAL ORDER

4       12-02-2015                 Despite repeated calls, none appears on behalf of the
                     petitioner in support of the present writ petition. None appears on
                     behalf of the respondents either, though the names of learned
                     counsel appearing on behalf of the parties are printed in the daily
                     cause list.
                                   Consequently, the writ petition stands dismissed for
                     want of prosecution.



                                          (Birendra Prasad Verma, J)
Arvind/-


    U


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