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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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