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Patna High Court

Suganti DeviversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

A civil writ petition that is not prosecuted or pursued by the petitioner may be dismissed for want of prosecution.

Summary

The petitioner, Suganti Devi, filed a civil writ petition (CWJC No.8724 of 2025) in the Patna High Court against the State of Bihar and several officials of the Social Welfare Department and ICDS. The petition sought relief but no counsel or representative appeared on behalf of the petitioner despite repeated notices. The respondent was represented by a standing counsel who appeared before the court. The bench observed that the petitioner showed no interest in pursuing the case and failed to prosecute the petition. Consequently, the court dismissed the petition for want of prosecution, ending the proceedings without any substantive adjudication on the merits.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear or prosecute a civil writ petition?

Subjects

  • civil writ jurisdiction
  • petition dismissed
  • want of prosecution
  • procedural default
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8724 of 2025
                 ======================================================
                 Suganti Devi W/o of Munna Kumar and Daughter of Rameshwar Prasad,
                 Resident of Village lerua, P.S.- Marhowra, District- Saran, PIN-841419

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar Through Additional Chief Secretary, Social Welfare
                 Department, Government of Bihar, Patna
           2.    Additional Chief Secretary, Social Welfare Department, Social Welfare
                 Department, Government of Bihar, Patna
           3.    Directorate of Integrated Child Developent Services, Bihar, Patna, Through
                 it's Director, Directorate of Integrated Child Development Service, Bihar,
                 Patna
           4.    Director, Directorate of Integrated Child Development Services, Bihar, Patna
                 Bihar, Patna
           5.    Divisional Commissioner, Saran Division, Chhapra
           6.    District Magistrate, Saran at Chhapra.
           7.    District Programme Officer (I.C.D.S.), Saran at Chhapra
           8.    Sub Divisional Officer, Marhowra, Saran at Chhapra
           9.    Block Development Officer, Block- Marhowra, Saran at Chhapra
           10. Circle Officer, Circle- Marhowra, Saran at Chhapra.
           11. Child Development Project Officer, Marhowra, Saran at Chhapra
           12. Lady Supervisor, Child Development Project, Marhowra, Saran at Chhapra
           13. Kumari Suman Wife of Dharmendra Kumar Yadav, Resident of Village
               Lerua, P.S.- Marhowra, District- Saran, PIN- 841419

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr.Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   28-04-2026                 On repeated calls, none appears on behalf of the

                   petitioner. However, learned counsel for the respondent is

                   present.

                               2. It appears to this Court that the petitioner is not
            Patna High Court CWJC No.8724 of 2025(2) dt.28-04-2026
                                                        2/2




                      interested in pursuing this case.

                                  3. Accordingly, the present petition stands dismissed

                      for want of prosecution.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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