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Patna High Court

Ramashankar Singh,versusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The writ petition is dismissed as the petitioners are avoiding the Court proceedings.

Summary

The petitioners, a group of family members of the late Rama Shankar Singh, filed a civil writ petition in 2012 against the State of Bihar and officials of the Bihar Police Building Construction Corporation. The petition remained pending for over twelve years. During this period, the sole original petitioner, Ramashankar Singh, died and was substituted by his wife and others. No counsel appeared on behalf of either the petitioners or the respondents at the hearing on 30-09-2024. The Court observed that the petitioners were deliberately avoiding the proceedings and, consequently, dismissed the writ petition.

Issues considered

  • Whether a writ petition pending for an extended period and faced with non-appearance of petitioners can be dismissed on the ground of abandonment?

Subjects

  • writ petition
  • dismissal
  • abandonment
  • non-appearance
  • civil writ jurisdiction
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 23023 of 2012
                 ======================================================
            1.1. Raj Kumari Devi, W/O Late Rama Shankar Singh, Resident of Mohalla -
                  A.G. Colony, Bhagwati Maidan C/66 Thana - Shastrinagar, Distt- Patna.
            1.2. Shila Nath Singh, S/O Late Rama Shankar Singh, Resident of Mohalla -
                 A.G. Colony, Bhagwati Maidan C/66 Thana - Shastrinagar, Distt- Patna.
            1.3. Reena Kumari, D/O - Late Rama Shankar Singh, W/O Ajay Kumar Singh,
                 R/O - Garhiteer Courtdevi Road Bhagwan Bazar Chapra, Saran.
            1.4. Pinki Kumari, D/o - Late Rameshwar Singh, Resident of Mohalla - A.G.
                 Colony, Bhagwati Maidan C/66 Thana - Shastrinagar, Distt- Patna.
            1.5. Puja Kumari, D/o - Late Rama Shankar Singh, Resident of Mohalla - A.G.
                 Colony, Bhagwati Maidan C/66 Thana - Shastrinagar, Distt- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
            1.    The State Of Bihar.
            2.    The Principal Secretary Home Department, Govt. Of Bihar, Patna.
            3.    The Managing Director, Bihar Police Building Construction Corporation,
                  Patna.
            4.    The Secretary, Bihar Police Building Construction Corporation, Patna.
            5.    The Administrative Officer, Bihar Police Building Construction Corporation,
                  Patna.
            6.    The Chief Audit Officer, Bihar Police Building Construction Corporation,
                  Patna.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      None
                  For the Respondent/s   :      None
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

22   30-09-2024                   No one appears on behalf of the petitioners and on

                    behalf of the Bihar Police Building Construction Corporation.

                                  2. Considering the writ petition is pending since year

                    2012 and during the pendency of the writ petition the sole

                    petitioner Ramashankar Singh died and he was substituted by
           Patna High Court CWJC No. 23023 of 2012(22) dt.30-09-2024
                                                       2/2




                     his wife Raj Kumari Devi and others, I find that the petitioner is

                     avoiding the proceedings of the Court.

                                 3. Accordingly, the present writ petition stands

                     dismissed.



                                                               (Purnendu Singh, J.)
Ashishsingh/-

U


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