Patna High Court

Sanjay Kumar ChoudharyversusThe State Of Bihar and Ors

Decided: 26 June 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

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

Summary

Sanjay Kumar Choudhary filed a civil writ petition before the Patna High Court against the State of Bihar and several officials. No counsel appeared on behalf of the petitioner on the scheduled dates of 25‑06‑2025 and 26‑06‑2025. The court, noting the absence of any representation and the petitioner’s failure to prosecute the petition, dismissed the writ petition for default. The dismissal was recorded as a last indulgence by the court. No substantive merits of the petition were considered.

Issues considered

Whether a writ petition may proceed in the absence of any representation for the petitioner and whether it can be dismissed for default and non‑prosecution?

Subjects

writ petition
default dismissal
civil procedure
non‑prosecution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14963 of 2017
                  ======================================================
                  Sanjay Kumar Choudhary Son of Arjun Prasad Choudhary, resident of
                  Village- Belwara, P.S.- Ghanshyampur, District- Darbhanga.
                                                                             ... ... Petitioner/s
                                                     Versus
            1.     The State Of Bihar through Principal Secretary, Energy Deptt. Patna.
            2.    The District Magistrate, Darbhanga.
            3.    The Managing Director, North Bihar Power Distribution Company Limited,
                  Patna.
            4.    The Electrical Supeintending Engineer, Darbhanga.
            5.    The Executive Engineer, Electrical Supply Anchal, Darbhanga.
            6.    The Junior Engineer, Electrical Supply Beroul.
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Respondent/s     :       Mr. Anand Kr. Ojha, Sr. Advocate
                                           :       Mr. Ashok Kumar Karna, Advocate
                                           :       Mr. Abhishek Raj, Advocate
                                           :       Mr.Shiv Kumar, AC to Ga3
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                                   ORAL ORDER

3    26-06-2025                 On             25.06.2025,         there         was        no

                    representation on behalf of the petitioner and the

                    matter was directed to be listed for today i.e. on

                    26.06.2025 as a last indulgence. Inspite of it, today

                    also, there is no representation on behalf of the

                    petitioner, therefore, the Writ petition is dismissed

                    for default and for non-prosecution.



                                         (G. Anupama Chakravarthy, J)
amitkr/-

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