Patna High Court

Mrs. Rukhsana Shaheen KhanversusShri Brajesh Mehrotra, IAS Chief Secretary, Government of Bihar, Main Secretariat

Decided: 6 February 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH

Holding

The petition is dismissed for non‑prosecution.

Summary

Mrs. Rukhsana Shaheen Khan filed a petition in the Patna High Court against several senior officials of the Bihar State Housing Board and the Chief Secretary, seeking relief (details not specified). The petitioners failed to appear despite repeated notices, and no counsel represented them. The Court observed that the lack of appearance indicated no interest in prosecuting the petition. Consequently, the Court exercised its inherent power to dismiss the petition for want of prosecution. The dismissal was ordered without any consideration of merits.

Issues considered

Whether a petition can be dismissed for want of prosecution when the petitioner fails to appear?

Subjects

petition dismissal
non‑prosecution
civil procedure
high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3076 of 2025
                                                    In
                            Miscellaneous Jurisdiction Case No.1273 of 2024
                 ======================================================
                 Mrs. Rukhsana Shaheen Khan W/o Mr. Mohammed Shees Khan, R/o Flat No.
                 001, Imperial Court 01, Jaypee Wishtown, Sector 128, Noida, P.S.-
                 Expressway Noida, District- Gautam Buddh Nagar.

                                                                         ... ... Petitioner/s
                                                    Versus

           1.    Shri Brajesh Mehrotra, IAS Chief Secretary, Government of Bihar, Main
                 Secretariat Patna- 800015.
           2.    Shri Vivek Kumar Singh, IAS, Chairman, Development Commissioner,
                 Bihar State Housing Board, R-Block, 6 Sadar Patel Marg, Veerchand Patel
                 Road Area, Patna, Bihar- 800015.
           3.    Shri Dharmendra Singh, IAS Managing Director, Bihar State Housing
                 Board, R-Block, 6 Sadar Patel Marg, Veerchand Patel Road Area, Patna,
                 Bihar- 800015.
           4.    Shri Santosh Kumar Mall, Principal Secretary, UD and HD, Vikash Bhawan
                 (the New Secretariat), Jawaharlal Nehru Marg, Veerchand Patel Road Area,
                 Patna, Bihar- 800015.
           5.    Shri Shashi Bhushan Prasad, Bihar State Housing Board, R. Block, 6 Sadar
                 Patel Marg, Veerchand Patel Road Area, Patna, Bihar- 800015.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   None
                 For the Opposite Party/s :   Mr.Pawan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   06-02-2026             Despite repeated calls, neither the petitioner

                   nor anybody on her 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
         Patna High Court MJC No.3076 of 2025(3) dt.06-02-2026
                                                     2/2




                   dismissed for non-prosecution.




                                           (Mohit Kumar Shah, J)
S.Sb/-

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