Patna High Court

Anil KuerversusVinod Pathak

Decided: 22 January 2026
Disposal: CONSIGNED
Bench: RAJIV ROY

Holding

The writ petition was dismissed for want of prosecution.

Summary

Anil Kuer, widow of Late Ayodhya Pathak, filed a civil writ petition (Case No.20906 of 2021) against ten respondents concerning a dispute in Village-Barharia, Kaimur. The petition was filed in the High Court of Judicature at Patna under the civil miscellaneous jurisdiction. No counsel appeared on behalf of the petitioner, and the respondents were represented by a single advocate. The court noted the absence of any prosecution of the petition. Consequently, Justice Mohit Kumar Shah dismissed the writ petition for want of prosecution.

Issues considered

What is the appropriate course of action when a writ petition is filed but no party appears to prosecute it?

Subjects

writ petition
dismissal
want of prosecution
civil miscellaneous jurisdiction
High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.20906 of 2021
                                                       In
                          CIVIL MISCELLANEOUS JURISDICTION No.379 of 2021
                   ======================================================
                   Anil Kuer Widow of Late Ayodhya Pathak, resident of Village-Barharia, P.S.
                   Chand, District-Kaimur.
                                                                            ... ... Petitioner/s
                                                     Versus
              1.    Vinod Pathak son of Late Ram Daras Pathak, resident of Village-Barharia,
                    P.S. Chand, District-Kaimur.
              2.   Ram Charitar Pathak, son of Late Kalap Nath Pathak, resident of Village-
                   Barharia, P.S. Chand, District-Kaimur.
              3.   Luxman Pathak, son of Late Paras Pathak, resident of Village-Barharia, P.S.
                   Chand, District-Kaimur.
              4.   Laljee Pathak alias Praduman Pathak, son of Late Paras Pathak, resident of
                   Village-Barharia, P.S. Chand, District-Kaimur.
              5.   Manraji Kuer widow of Late Gulab Pathak, resident of Village-Barharia, P.S.
                   Chand, District-Kaimur.
              6.   Radhe Shyam Pathak, son of Late Ram Nath Pathak, resident of Village-
                   Barharia, P.S. Chand, District-Kaimur.
              7.   Shyam Prit Pathak, son of Late Ram Nath Pathak, resident of Village-
                   Barharia, P.S. Chand, District-Kaimur.
              8.   Lal Barat Pathak, son of Late Ram Nath Pathak, resident of Village-
                   Barharia, P.S. Chand, District-Kaimur.
              9.   Anant Pathak alias Buchun Pathak, son of Late Ayodhya Pathak, resident of
                   Village-Barharia, P.S. Chand, District-Kaimur.
              10. Pappu alias Santosh Pathak, son of Late Ayodhya Pathak, resident of
                   Village-Barharia, P.S. Chand, District-Kaimur.
                                                                   ... ... Respondent/s
                  ======================================================
                   Appearance :
                   For the Petitioner/s   :       None.
                   For the Respondent/s   :       Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                         ORAL ORDER

3    06-12-2022                   Nobody appears for the petitioner.

                                 Accordingly,      the    present   writ    petition    stands

                     dismissed for want of prosecution.


                                              (Mohit Kumar Shah, J)

S.Sb/Saurav

U

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