Patna High Court

Rakesh KumarversusThe State Of Bihar and Ors

Decided: 2 September 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

The writ petition is dismissed for default and non‑prosecution.

Summary

The petitioner, Rakesh Kumar, filed a civil writ petition challenging actions of the State of Bihar, the District Magistrate of Vaishali, and the Certificate Office. No counsel appeared for the petitioner on the scheduled date of 30-08-2025, and the matter was adjourned to 02-09-2025 as a final indulgence. On the adjourned date, the petitioner again failed to appear before the Court. The Court observed that the petitioner had not presented any representation despite the opportunity. Consequently, the Court dismissed the writ petition on the grounds of default and non-prosecution. The order was pronounced by Justice G. Anupama Chakravarthy.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and present representation in a civil writ petition?

Subjects

civil writ jurisdiction
default dismissal
non‑prosecution
procedural default
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.13598 of 2017
                  ======================================================
                  Rakesh Kumar Son of Sri Banwari Prasad Resident of Village- Suzawalpur,
                  Police Station- Saraiya, District- Muzaffarpur.

                                                                         ... ... Petitioner/s
                                                      Versus
             1.   The State Of Bihar
             2.   The District Magistrate, Vaishali at Hajipur.
             3.   The Certificate Office, Vaishali at Hajipur.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None
                  For the Respondent/s     :     Mr.Arvind Ujjwal-Sc4
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                                 ORAL ORDER

8   02-09-2025                  1. There was no representation for the

                    petitioner on 30.08.2025 and the matter was

                    directed to be listed on today, i.e., 02.09.2025 as a

                    last indulgence.

                                  2. In spite of it, today also, there is no

                    representation for the petitioner, therefore, the

                    Writ petition is dismissed for default and for non-

                    prosecution.,



                                         (G. Anupama Chakravarthy, J)
Amandeep/-

U

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