Patna High Court

Muni DeviversusThe State Of Bihar and Ors

Decided: 30 January 2026
Disposal: ALLOWED
Bench: AJIT KUMAR

Holding

The petition is dismissed for non‑prosecution.

Summary

Muni Devi, the petitioner, filed a civil writ petition in the Patna High Court against the State of Bihar and several officials. No counsel appeared on behalf of the petitioner, and the petitioner failed to prosecute the petition despite several adjournments. The respondents had filed counter affidavits, which were placed on record. The Court noted the petitioner’s non‑appearance and lack of prosecution. Consequently, the Court dismissed the petition on the ground of non‑prosecution.

Issues considered

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

Subjects

civil writ jurisdiction
non‑prosecution
petition dismissed
high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9409 of 2017
                  ======================================================
                  Muni Devi wife of Late Surendra Prasad resident of Jangal Bazar Road
                  Dumrao, P.O. - Dumrao, P.S. Dumrao, District - Buxar.

                                                                           ... ... Petitioner/s
                                                    Versus
            1.    The State Of Bihar through Divisional Commissioner, Patna
            2.    The District Magistrate, Buxar.
            3.    The District Magistrate, Arrah.
            4.    The Sub-Divisional Officer, Dumrao.
            5.    The Executive Engineer, Sone Canal Division, Arrah.
            6.    The Chief Engineer, Water Resources Department, Dehri, Rohtas.
            7.    The Principal Secretary, Finance, Govt. of Bihar.
            8.    The Accountant General, Bihar, Birchand Patel Path, Patna-1.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s         :        None
                  For the Accountant General   :        Mrs.Nivedita Nirvikar, Adv
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                                        ORAL ORDER

9    28-01-2021                  No one appears on behalf of the petitioner.

                                Several adjournments were allowed on the prayer of

                    the petitioner.

                                Counter affidavits of all the respondents are already

                    on the record.

                                Considering the aforesaid facts, this application is

                    dismissed for non-prosecution.


                                                                      (Birendra Kumar, J)
Nitesh/-
U

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