Patna High Court

Gaurav KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: RITESH KUMAR

Holding

The writ petition is dismissed for default due to the petitioner’s failure to appear.

Summary

Petitioner Gaurav Kumar filed a civil writ petition before the Patna High Court against the State of Bihar and several departmental secretaries. No counsel appeared on behalf of the petitioner despite repeated calls, and the petitioner did not seek any accommodation. The respondent side was represented by counsel. The court, applying procedural rules, held that a petition cannot proceed without the petitioner’s presence. Consequently, the writ petition was dismissed for default. The order was pronounced by Justice Bibek Chaudhuri.

Issues considered

What is the appropriate procedural consequence when a petitioner fails to appear before the court after filing a writ petition?

Subjects

writ petition
default dismissal
procedural law
civil writ jurisdiction
Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10174 of 2022
                 ======================================================
                 Gaurav Kumar S/o- Sankar Saw Address- Vidyapith Chowk, P.O.- Lakhisarai,
                 District- Lakhisarai, Bihar, Pin- 811311 at present residing at C/o - Sankar
                 Saw, 21 D Fourth Floor, Skylark Apartment, Site- 2, Ghazipur, East Delhi-
                 110096.

                                                                              ... ... Petitioner
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat, Patna, Bihar.
           2.    The Additional Chief Secretary,         Road    Construction    Department,
                 Government of Bihar, Patna.
           3.    The Secretary, Public Health Engineering Department, Government of
                 Bihar, Patna.
           4.    The Secretary, Water Resources Department, Government of Bihar, Patna.
           5.    The Secretary, Building Construction Department, Government of Bihar,
                 Patna.
           6.    The Secretary, Rural Works Department, Government of Bihar, Patna.
           7.    The Secretary, Planning and Development Department, Government of
                 Bihar, Patna.
           8.    The Principal Secretary, Minor Water Resources Department, Government
                 of Bihar, Patna.
           9.    The Bihar Public Service Commission through its Chairman, Patna.
           10. The Secretary, Bihar Public Service Commission, Patna.


                                                                           ... ... Respondents

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr.Uday Shankar Sharan Singh ( Gp 19 )
                 For the B.P.S.C        :      Mr. Sanjay Pandey, Adv.
                                        :      Mr. Nishant Kumar Jha, Adv.

                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                    ORAL ORDER

2   30-09-2024                 1. None appears on behalf of the petitioner on repeated

                   calls.

                               2. No accommodation is sought for also on behalf of the
            Patna High Court CWJC No.10174 of 2022(2) dt.30-09-2024
                                                       2/2




                      petitioner.

                                    3. Therefore, the instant writ petition is dismissed for

                      default.



                                               (Bibek Chaudhuri, J)
Suruchi/-

U

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