Patna High Court
Rupam KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear before the court.
Summary
Rupam Kumari, widow of the late Ajay Kumar Singh, filed a writ petition seeking a certiorari to quash an order dated 5 December 2016 that was allegedly based on a false report. The petition named the State of Bihar and several officials as respondents. No counsel appeared on behalf of the petitioner on three successive hearing dates despite repeated notices. The court noted the petitioner’s continued non‑appearance and, in the interest of justice, dismissed the petition for non‑prosecution. The dismissal was entered without any substantive examination of the merits of the alleged false report.
Issues considered
- What is the appropriate procedural response when a petitioner fails to appear for hearing on multiple occasions?
Subjects
- writ petition
- certiorari
- non‑prosecution
- dismissal
- procedural default
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1045 of 2017
======================================================
Rupam Kumari, Wife of Late Ajay Kumar Singh, resident of Village Samho,
tola Sarlahi, P.O. - S.S. Barari, P.S. - Samho, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector, Begusarai.
3. The Anchal Adhikari, Samho Akha Kurha District - Begusarai.
4. The District Programme Officer, Begusarai.
5. The Child Development Project Officer, Begusarai.
6. Rimi Kumari, W/O Ram Dhyan Yadav @ Ram Dhyan Singh, resident of
Village - Samho Ward No. 14, P.O.- S.S. Barari, P.S. Samho, District-
Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : None
For the State : Mr. Navnit Kumar, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 05-01-2026 1. No one appears on behalf of the petitioner. Learned
counsel for the respondents is present.
2. The petitioner has filed the instant application for
the following relief :-
“1. That this application is for
issuance of writ of Certiorari or any other
appropriate writ/order/direction quashing the
order dt. 5.12.16 issued to the petitioner by the
letter Vide Memo no. 2193 Legal dt. 14.12. 16
(Contained in Annexure-9) relying the false and
managed report issued vide letter no. 265 dt. 4.7.
16 (Contained in Annexure -8) by the respondent
no. 3 (Anchal Adhikari) and appointed the
respondent no. 6 as Sevika.”
Patna High Court CWJC No.1045 of 2017(5) dt.05-01-2026
2/2
3. No one appeared on behalf of the petitioner on the
last two dates i.e. 14.11.2024 and 5.8.2025 also when the Court
recorded the following orders :-
“14-11-2024
None appears on behalf of the petitioner.
2. Re-notify this case on 06.02.2025.
… ... … … … … … … … … … … .. ..
05-08-2025
Upon repeated calls, no one
appears on behalf of the petitioner.
However, Learned Counsel for the State
is present.
2. It transpires from Order
No.3 dated 14.11.2024 also, no one
appeared on behalf of the petitioner.
3. In the interest of justice, this
case is adjourned for two weeks.
4. List this case on
02.09.2025. If on the said date, no one
appears on behalf of the petitioner,
appropriate order shall be passed.”
4. As no one appears on behalf of the petitioner on the
third consecutive date, the case is dismissed for non-
prosecution.
(Partha Sarthy, J)
avinash/-
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