Patna High Court

Dinesh Kumar YadavversusThe State of Bihar

Decided: 10 April 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: RAMESH CHAND MALVIYA

Holding

The petition is dismissed for default due to the petitioner’s failure to appear and lack of representation.

Summary

The petitioner, Dinesh Kumar Yadav, filed a Civil Revision (No. 77 of 2019) before the Patna High Court against the State of Bihar and several officials of the Road Construction Department. The petition was scheduled for hearing on three occasions—06-02-2026, 25-02-2026, and 24-03-2026—but no counsel appeared on behalf of the petitioner on any of those dates. The court also noted that, despite repeated calls, the petitioner remained absent for the hearing dated 10-04-2026. In view of the petitioner’s failure to appear and the lack of any representation, the court exercised its inherent power to dismiss the revision for default. The order was pronounced by Justice Ramesh Chand Malviya, resulting in the dismissal of the petition without any substantive consideration of the merits.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for scheduled hearings despite repeated notices?

Subjects

civil revision
default judgment
non-appearance
procedural law
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CIVIL REVISION No.77 of 2019
                 ======================================================
                 Dinesh Kumar Yadav, Male, aged about 58 years, Son of Rajendra Prasad
                 Yadav, Resident of Mohalla- Azad Nagar, Ward No.-9 Madhepura, P.S. and
                 District- Madhepura.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary Road Construction
                 Department Government of Bihar, Nirman Bhawan, Bailey Road, Patna.
           2.    The Chief Engineer National Highways, Road Construction Department
                 Government of Bihar, Nirman Bhawan, Bailey Road, Patna.
           3.    The Superintending Engineer National Highways Purnea, At and District-
                 Purnea.
           4.    The Executive Engineer National Highways Division, Madhepura, At and
                 District- Madhepura.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None
                 For the Respondent/s   :       Mr. Uday Shankar Sharan Singh, G.P. 19
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

9   10-04-2026                   On previous three dates, i.e., on 06.02.2026,

                   25.02.2026 and 24.03.2026, nobody appears on behalf of the

                   learned counsel for the petitioner and even today also on

                   repeated calls, nobody appears on behalf of learned counsel for

                   the petitioner.

                                 2. On perusal of the records, it appears that this Civil

                   Revision is of the year 2019 and the petitioner is absented for

                   last three dates and even today, on repeated calls, nobody
            Patna High Court C.R. No.77 of 2019(9) dt.10-04-2026
                                                         2/2




                      appears on behalf of the petitioner, so in this circumstances, this

                      Civil Revision is dismissed for default.


                                                                   (Ramesh Chand Malviya, J)

Anand Kr.

U

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