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Patna High Court

Sunil Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for non‑prosecution.

Summary

The petitioner, Sunil Kumar Singh, filed a civil writ petition before the Patna High Court seeking relief against the State of Bihar and several officials. No counsel appeared on behalf of the petitioner despite repeated notices. The respondent side was represented by Mr. Anirban Kundu. The court observed that the petitioner showed no interest in prosecuting the writ petition. Consequently, the court dismissed the petition for want of prosecution, stating that it could not proceed without the petitioner’s active participation.

Issues considered

  • What is the appropriate course of action when a petitioner fails to prosecute a writ petition despite repeated notices?

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.24924 of 2013
                  ======================================================
                  Sunil Kumar Singh S/O Late Devendra Singh Resident Of Daudpur Kothi
                  Beside Dr. Ram Gopal Jain Clinic Police Station Brahmpura, P.O-
                  Brahampura, M.I.G. District- Muzaffarpur.
                                                                            ... ... Petitioner/s
                                                        Versus
            1.     The State Of Bihar through Secretary Home Department, Patna P.O. and P.S.
                   Secretariat, District Patna (Bihar).
            2.    The Chief Secretary, Government of Bihar At Old Secretariat, P.O and
                  Police Station Secretariat, District Patna (Bihar).
            3.    D.G. Police Bihar, Patna Old Secretariat, P.O and Police Station Patna
                  Secretariat, District- Patna (Bihar)
            4.    I.G. Kalyan Welfare, Patna, Old Secretariat P.O And P.S- Patna Secretariat,
                  District- Patna Biha
            5.     S.P. Railway Muzaffarpur At Muzaffarpur, P.O and Police Station
                   Muzaffarpur Town, District- Muzaffa
                                                                  ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       None.
                  For the Respondent/s   :       Mr.Anirban Kundu, SC-24
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

2    06-07-2023                  Despite repeated calls, nobody has bothered to appear

                    for the petitioner, hence, it appears that the petitioner has got no

                    interest in prosecuting the present writ petition, thus, this Court

                    has no option but to dismiss the present writ petition for want of

                    prosecution.

                                Accordingly,      the   present     writ    petition    stands

                    dismissed for non-prosecution.



                                             (Mohit Kumar Shah, J)
kanchan/-
U


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