Patna High Court
Upendra MukhiyaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioner, Upendra Mukhiya, filed a writ petition seeking an order directing the respondents to investigate the work of the District Fisheries Officer (respondent no.3) and to initiate departmental and criminal proceedings against him, along with any relief due to the petitioner. No counsel appeared on behalf of the petitioner, and the petition was not prosecuted further. The court noted the absence of the petitioner’s representation and the lack of prosecution of the petition. Consequently, the High Court dismissed the writ application for non‑prosecution. The dismissal effectively denied any inquiry or relief sought by the petitioner.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition where the petitioner fails to appear and prosecute the case?
Subjects
- writ jurisdiction
- non‑prosecution
- departmental inquiry
- civil writ
- fishery department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2265 of 2017
======================================================
Upendra Mukhiya Son of Sri Rajendra Mukhiya, resident of Village Choraut,
P.S.- Pupri, Dist. Sitamarhi, elected Mantri of the Choraut Prakhand
Matasyjivi Sahyog Samiti Ltd., Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Animal and Husbandry
Department, Govt. of Bihar, New Secretariat, Vikash Bhawan, Baily Road,
Patna.
2. The Director, Fisheries Department, Bihar Patna, Officers Hostal, Block-A,
Baily Road, Patna.
3. The District Fisheries Officers, Sitamarhi, Main Road, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Sajid Salim Khan, S.C.25
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-01-2026 No one appears for the petitioner. Learned counsel
for the respondents is present.
2. The petitioner has filed the instant application for
the following relief(s):
“That the present writ application is being
filed for issuance of appropriate writ/writs/,
order/orders, direction / directions and commanding
the respondents authority to enquired the matter
regarding work done by the respondent no -3 and
started the departmental proceeding and criminal cases
against the respondent no-3 and any relief/reliefs to the
petitioner for which he is entitled according to the facts
and circumstances of this case.”
3. No one appeared on behalf of the petitioner on
Patna High Court CWJC No.2265 of 2017(3) dt.19-01-2026
2/2
21.11.2024 also.
4. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
Saurabh/-
U
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