Patna High Court

Babita KumariversusThe State of Bihar through The Principal Secretary, Department of Social Welfare

Decided: 25 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The MJC application is dismissed due to non‑prosecution.

Summary

The petitioner, Babita Kumari, filed a Miscellaneous Jurisdiction Case seeking relief against the State of Bihar and several officials of the Department of Social Welfare. No counsel appeared on behalf of the petitioner despite repeated calls, and the petitioner herself expressed no interest in pursuing the application. The State was represented by counsel Dr. Md. Raisul Haque. The Court examined whether the application could be proceeded with in the absence of a petitioner’s representation and interest. Finding that the petitioner was not interested and no one appeared to prosecute the case, the Court dismissed the MJC application for non‑prosecution.

Issues considered

Whether the MJC application should be dismissed on the ground of non‑prosecution due to the petitioner’s lack of interest and absence of counsel.

Subjects

MJC
non‑prosecution
dismissal
civil writ jurisdiction
procedural law
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.152 of 2026
                                                       In
                                 Civil Writ Jurisdiction Case No.1495 of 2022
                  ======================================================
                  Babita Kumari Wife of Sri Harishankar Vidyarthy and Daughter of Sri Suresh
                  Sao, Resident of Village- Dariyapur, P.O.- Pitwans, P.S.- Naubatpur, District-
                  Patna- 80442.
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through The Principal Secretary, Department of Social
                   Welfare Bihar, Patna.
            2.    The Directorate, I.C.D.S. Directorate, Department of Social Welfare, Bihar,
                  Patna.
            3.    The Commissioner, Patna Division, Patna.
            4.    The District Magistrate, Patna.
            5.    The District Programme Officer, Patna.
            6.    The Child Development Project Officer, Naubatpru, Patna.
            7.     The Lady Supervisor, Child Development Project Office, Naubatipur, Patna.
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None.
                  For the Opposite Party/s :     Dr. Md. Raisul Haque, SC10
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

3    25-02-2026                    Upon repeated calls, no one appears on behalf of the

                    petitioner. However, Learned counsel for State is present.

                                 2. It transpires to this Court that the petitioner is not

                    interested to pursue this application and therefore, this Court has

                    no option left, but to dismiss the present MJC application.

                                 3. In this view of the matter, the present MJC

                    application stands dismissed due to non-prosecution.



                                                           (Dr. Anshuman, J)
Prakashmani/-

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