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Patna High Court

Jay Ram SahaniversusShri Amir Subhani The State of Bihar through the Chief Secretary

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for want of prosecution.

Summary

Petitioner Jay Ram Sahani filed a civil writ petition before the Patna High Court challenging actions of various government officials and individuals. The petition was listed for hearing, but despite repeated notices, neither the petitioner nor his counsel appeared before the court. The presiding judge observed that the petitioner showed no interest in prosecuting the case. Consequently, the court exercised its inherent power to dismiss a petition for want of prosecution. The dismissal was entered as a final order, terminating 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
  • dismissal for non‑prosecution
  • patna high court
  • procedural default
  • court orders

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.1353 of 2024
                                        In
                  Civil Writ Jurisdiction Case No.6841 of 2023
     ======================================================
     Jay Ram Sahani, Gender – Male, Son of Nand Lal Sahani, Resident of Ward
     No. 02, Ramjan Nagar, Kakunjan, Police Station Chackmehasi, District
     Samastipur.

                                                                ... ... Petitioner/s
                                       Versus

1.   Shri Amir Subhani The State of Bihar through the Chief Secretary
     Government of Bihar, Patna.
2.   Shri Yogendra Singh, The District Collector, Samastipur.
3.   Shri Ramchandra Du The Sub Divisional Officer, Samastipur.
4.   Shri Ranjan Kumar Diwakar, The Circle Officer, Kalyanpur, Samastipur.
5.   Shri Raj Kumar, The Circle Inspector, Kalyanpur, Samastipur.
6.   Rajgir Sahani, son of Prahalad Sahani, Resident of Ramjan Nagar, Police
     Station Chackmehasi, District- Samastipur.
7.   Baleshwar Sahani, son of Late Mangal Sahani, Resident of Ramjan Nagar,
     Police Station Chackmehasi, District- Samastipur.
8.   Manjay Sahani, son of Bhaju Sahani, Resident of Ramjan Nagar, Police
     Station Chackmehasi, District- Samastipur.
9.   Bhutta Sahani, son of Sahalad Sahani, Resident of Ramjan Nagar, Police
     Station Chackmehasi, District- Samastipur.
10. Ram Vilash Thakur, son of Baltu Thakur, Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
11. Bimla Devi Wife of Shankar Prasad Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
12. Ganesh Sahani Son of Anup Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
13. Arjun Sahani Son of Jhapash Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
14. Sanjay Sahani Son of Bhaju Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
15. Ram Bali Sahani Son of Bhaju Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
16. Manjay Sahani Son of Bhaju Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
17. Ram Lalit Sahani Son of Bhaju Sahani Resident of Ramjan Nagar, Police
    Station Chackmehasi, District- Samastipur.
          Patna High Court MJC No.1353 of 2024(5) dt.13-02-2026
                                                      2/2




              18. Shambhu Sahani Son of Raj Ballabh Sahani Resident of Ramjan Nagar,
                  Police Station Chackmehasi, District- Samastipur.
              19. Lalo Sahani Son of Raj Ballabh Sahani Resident of Ramjan Nagar, Police
                  Station Chackmehasi, District- Samastipur.
              20. Sanjay Sahani Son of Raj Ballabh Sahani Resident of Ramjan Nagar, Police
                  Station Chackmehasi, District- Samastipur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Pramod Ban Bihari Singh, Advocate
                  For the Opposite Party/s :       Standing Counsel 19
                  ======================================================
                    CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

5    13-02-2026                  Despite repeated calls, neither the petitioner nor

                    anybody on his behalf has bothered to appear, hence it appears

                    that the petitioner has got no interest in prosecuting the present

                    petition, thus this Court has no option but to dismiss the present

                    petition for want of prosecution.

                                 2. Accordingly, the present petition stands dismissed

                    for non-prosecution.


                                                (Mohit Kumar Shah, J)

GAURAV S./-
U


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