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Patna High Court

Md. Abutorab ImamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed for default due to the petitioner's failure to appear and request relief.

Summary

The petitioner, Md. Abutorab Imam, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and officials of the Building Construction Department. No counsel appeared on behalf of the petitioner despite repeated notices. The petitioner also did not seek any accommodation or relief in the petition. The respondent, represented by Mr. Syed Iqbal Ahmad, was present before the court. The court observed that the petitioner failed to comply with procedural requirements and, consequently, dismissed the writ petition for default.

Issues considered

  • Whether a writ petition can be entertained when the petitioner fails to appear or seek any relief.

Subjects

  • civil writ jurisdiction
  • default dismissal
  • procedural default
  • high court
  • petitioner's non-appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8077 of 2022
                  ======================================================
                  Md. Abutorab Imam Son of Md. Manzar Imam Resident of Tamoun Semaria,
                  Bhagalpur, District- Bhagalpur.

                                                                           ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar Through the Principal Secretary, Building Construction
                  Department, Govt. of Bihar, Patna.
            2.    The Superintendent Engineer Building Construction Department, Building
                  Division, Bhagalpur.
            3.    The Executive Engineer Building Construction Department, Building
                  Division, Bhagalpur.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      None
                  For the Respondent/s   :      Mr.Syed Iqbal Ahmad, SC-20
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                        ORAL ORDER

3    30-09-2024                   1.None appears on behalf of the petitioner on

                    repeated calls.

                                 2. No accommodation is sought for, also on behalf of

                    the petitioner.

                                3. Therefore, the instant writ petition is dismissed for

                    default.



                                             (Bibek Chaudhuri, J)
Suruchi/-

U


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