Patna High Court
Avinash KumarversusThe Union Of India and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
Holding
The writ petition is dismissed for default and non‑prosecution.
Summary
The petitioner, Avinash Kumar, filed a writ petition in 2013 against the Union of India and several officials. The High Court had earlier ordered an adjournment, warning that failure to appear would lead to dismissal. On the scheduled date, the petitioner again failed to appear, while the Union's counsel was present. The Court noted the petitioner's lack of interest and, invoking its earlier warning, dismissed the writ petition for default and non‑prosecution. The order was pronounced on 5 January 2026.
Issues considered
- Whether the writ petition should be dismissed for default due to the petitioner's failure to appear and prosecute the application?
Subjects
- writ jurisdiction
- default dismissal
- non‑prosecution
- civil procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17806 of 2013
======================================================
Avinash Kumar Son Of Sri Mani Bhushan Prasad Singh Resident Of Village
and P.O.- Katra, P.S.- Katra, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The Union Of India
2. The Inspector General Frontier Hqr, Ssb, Patna Rukanpura, Bailey Road,
Patna Bihar
3. The Deputy Inspector General Frontier Hqr, Ssb, Patna, Rukanpura, Bailey
Road, Patna Bihar
4. The Commandant 40th Bn. Ssb, Patna Office Situated At Gayatri Hospital
Complex, Danapur Khagaul Roa
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Prakash Sharma, Adv.
For the Respondent/s : Mr. N. A. Shamsi A.S.G.
Mr. Awadhesh Kr. Pandey, Sr. CGC
Mr. RK Sharma, CGC
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL ORDER
6 05-01-2026 1. This Court passed a detailed order on
20.08.2025 which reads as follows:-
No one appears for the
petitioner and learned counsel for
the Union of India is present.
2. This is an old matter of
the year 2013 and still the
petitioner is not showing any
interest to press the writ
application. As a measure of last
indulgence, this case is being
adjourned with a clear stipulation
that if on the next date also the
petitioner will not take interest in
pressing the writ application, then
the Court may consider dismissing it
Patna High Court CWJC No.17806 of 2013(6) dt.05-01-2026
2/2
for non-prosecution.
3. Put up this case on
10.09.2025.
2. However, the matter was listed today. In
spite of the aforesaid order, today also there is no
representation for the petitioner. On the other
hand, the Learned counsel for the Union of India is
present.
3. Therefore, the Writ petition is dismissed
for default and for non-prosecution.
(G. Anupama Chakravarthy, J)
Manish/-
U
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