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Patna High Court

Surendra Kumar Sinha @ Surendra SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed for non‑prosecution.

Summary

The petitioner, Surendra Kumar Sinha, filed a civil writ petition in the Patna High Court seeking relief against the State of Bihar and several welfare officials. No counsel appeared on behalf of the petitioner on the scheduled hearing dates. The court noted the continued absence of the petitioner and his counsel. Consequently, the court dismissed the writ petition on the ground of non-prosecution. The dismissal was ordered without any substantive consideration of the merits of the petition.

Issues considered

  • The writ petition can proceed in the absence of the petitioner or his counsel?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • civil writ jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.21037 of 2018
                  ======================================================
                  Surendra Kumar Sinha @ Surendra Singh S/o Late Rambali Singh, Resident
                  of Village- Rupash Tola, Cheedi Singh Ka Tola, P.O. and P.S.- Athmal Gola,
                  District- Patna.

                                                                                  ... ... Petitioner/s
                                                     Versus
            1.    The State Of Bihar
            2.    The Director, SC/ST, Welfare Department, Bihar, Patna.
            3.    The Deputy Director, Patna Welfare Division, Patna.
            4.    The Collector, Patna.
            5.    The District Welfare Officer, Patna.
            6.    The Sub Divisional Welfare Officer, Barh, Patna.
            7.    The Treasury Officer, Patna.
            8.    The Sub Treasury Officer, Barh, Patna.
            9.    The Accountant General, Bihar, Patna.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s           :        None
                  For the State                  :        Md. Boaidullah, AC to SC-10
                  For the Accountant General     :        Mrs. Nivedita Nirvikar, Sr. Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

15   21-06-2022                 Nobody had appeared for the petitioner

                    yesterday. Today also, the position is the same.

                                Hence,         the       present       writ      petition         is

                    dismissed on account of non-prosecution.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


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