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Patna High Court

Bhagwat Narain ChaudhryversusChairman Cum- Managing Director,

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The writ petition is dismissed for default on account of non‑prosecution.

Summary

Petitioner Bhagwat Narain Chaudhry filed a writ petition in the Patna High Court seeking a direction for the respondents, a group of officials of Bihar State Power Holding Company and its subsidiaries, to pay his retiral dues with statutory interest. The respondents submitted counter affidavits stating that the dues had already been paid and that the dispute had been resolved through a compromise in Lok Adalat, attaching the compromise as Annexure‑E. No counsel appeared on behalf of the petitioner despite repeated notices. The Court observed that, given the settlement and the petitioner's failure to prosecute the writ, there was no matter left for adjudication. Consequently, the writ application was dismissed for default due to non‑prosecution.

Issues considered

  • What is the appropriate remedy for the petitioner’s claim of unpaid retiral dues?
  • Does the settlement reached in Lok Adalat preclude further adjudication of the writ petition?
  • Can the writ petition be dismissed on account of the petitioner’s failure to prosecute?

Subjects

  • writ jurisdiction
  • retiral dues
  • default
  • non‑prosecution
  • Lok Adalat
  • settlement
  • civil writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5080 of 2022
                 ======================================================
                 Bhagwat Narain Chaudhry S/o Late Sukhdeo Narain Chaudhry Resident of
                 Village - Kursho, P.S. - Sakatpur, P.O. - Nadiyami, District- Darbhanga.

                                                                     ... ... Petitioner/s
                                              Versus
           1.    Chairman Cum- Managing Director, Bihar State Power Holding Company
                 Ltd. Patna.
           2.    Managing Director, South Bihar Power Distribution Company Ltd. Patna.
           3.    General Manager (Finance and Accounts), South Bihar Power Distribution
                 Company Ltd., Patna.
           4.    Electrical Superintending Engineer, Arah Circle.
           5.    General Manager Cum Chief Engineer, Patna.
           6.    Electrical Executive Engineer, Buxar Division, Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr. Kumar Priya Ranjan
                                               Mr. Sudarshan Bharadwaj
                                               Mr. Sandeep Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

6   30-01-2026                    Despite repeated calls, nobody appears on behalf of

                   the petitioner. However, learned counsel for the respondents are

                   present.

                               2. The instant writ application has been filed seeking a

                   direction upon the respondents to pay the retiral dues of the

                   petitioner along with statutory interest to which the petitioner is

                   entitled.

                               3. Referring to the statements made in the counter

                   affidavit as well as the supplementary counter affidavit, learned

                   counsel for the Bihar State Power Holding Company Ltd.,
           Patna High Court CWJC No.5080 of 2022(6) dt.30-01-2026
                                                       2/2




                     Patna, submits that the entire dues have been paid. It is further

                     submitted that the matter was placed before the Lok Adalat,

                     where a compromise was arrived at, which has been appended

                     to the supplementary counter affidavit as Annexure-E. As such,

                     nothing survives for adjudication.

                                 4. Be that as it may, this instant writ application stands

                     dismissed for default on account of non-prosecution.



                                                  (Ajit Kumar, J)
shikha/-

U


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