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Patna High Court

Shakuntala DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Shakuntala Devi filed a writ petition seeking certiorari to quash several administrative orders and memos issued between 2012 and 2014 by the District Programme Officer, District Magistrate, Commissioner of Tirhut Division, and the Integrated Child Development Services. No counsel appeared on her behalf on the hearing dates of 21 November 2024 and 19 January 2026. The respondent’s counsel, Mr. Prashant Pratap, was present. The court noted the petitioner’s failure to prosecute the petition and consequently dismissed the case for non‑prosecution. The dismissal leaves the challenged orders in force. The judgment underscores the procedural requirement of active prosecution of writ petitions.

Issues considered

  • What procedural consequences arise from the petitioner’s failure to appear and prosecute the writ petition?

Subjects

  • writ jurisdiction
  • certiorari
  • non‑prosecution
  • administrative orders
  • ICDS
  • district magistrate
  • procedural dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2419 of 2017
                 ======================================================
                 Shakuntala Devi, W/o Birendra Mahto, resident of Village - Kothiya Rai, P.S.
                 Majorganj, District - Sitamarhi

                                                                             ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the District Magistrate, Sitamarhi.
           2.    The Integrated Child Development Service (I.C.D.C) Second Floor, Indira
                 Bhawan, Ram Charitra Singh Lane, Patna-800001.
           3.    The Commissioner, Tirhut Division, Muzaffarpur
           4.    The District Magistrate, Sitamarhi, District Sitamarhi
           5.    The District Programme officer, Sitamarhi, District Sitamarhi
           6.    The Child Development Project officer, Pupri, District - Sitamarhi
           7.    The Mukhiya, Gram Panchayat Raj, Kothiya Rai, P.S. Majarganj, District -
                 Sitamarhi
           8.    The Panchayat Secretary, Gram Panchayat Raj Kothiya, P.S. Majorganj,
                 District - Sitamarhi

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Respondent/s     :      Mr. Prashant Pratap, GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   19-01-2026                 1. No one appears on behalf of the petitioner. Learned

                   counsel for the respondents is present.

                               2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “(i) For issuance of a writ in the
                                        nature of certiorari for quashing the memo no.
                                        389 dated 11.5.2012 issued by the District
                                        Proramme Officer, Sitamarhi (Respondent no. 5).
                                                  (ii) For quashing the order dated
                                        22.5.2012 passed by the District Magistrate
            Patna High Court CWJC No.2419 of 2017(3) dt.19-01-2026
                                                        2/2




                                         Sitamarhi in Aanganwari Case no. 49/2012
                                         (Respondent no. 4).
                                                     (iii) For quashing the order dated
                                         30.10.2013 passed by the Commission Tirhut
                                         Division, Muzaffarpur in Appeal Case no.
                                         326/2012 (Respondent no. 3)
                                                     (iv) For quashing the order dated
                                         4.12.2014         passed     by    I.C.D.S.    Patna
                                         corresponding to his memo no. 6597 dated
                                         11.12.14 (Respondent no. 2)
                                                     (v)      For    any   other   appropriate
                                         direction/directions, order /orders, writ/writs, as
                                         this Hon’ble court things fit and proper in the
                                         facts and circumstances of this case.”

                                  3. No one appeared on behalf of the petitioner on

                      21.11.2024 also.

                                  4. The case is dismissed for non-prosecution.



                                                       (Partha Sarthy, J)
avinash/-

U


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