Patna High Court
Bhagwat Narain ChaudhryversusChairman Cum- Managing Director,
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- AJIT KUMAR
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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