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Patna High Court

Rekha KumariversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

Rekha Kumari filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and several officials. The court had earlier ordered the petitioner to rectify certain defects in the petition by 16‑01‑2026. The petitioner failed to appear or remedy the defects, and no counsel represented her on the hearing date of 05‑02‑2026. The court observed that the petitioner appeared disinterested in pursuing the case. Consequently, the court dismissed the petition on the ground of non‑prosecution.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution when the petitioner fails to appear and does not cure procedural defects.

Subjects

  • civil writ jurisdiction
  • non‑prosecution
  • dismissal for non‑appearance
  • procedural defect
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1890 of 2026
                 ======================================================
                 Rekha Kumari D/o- Mahendra Pd. Rai, Resident of At- Kharmanchak, P.O.-
                 Kharmanchak, P.S.- Adampur, Dist Bhagalpur, Pin 812001 State- Bihar.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Collector, Bhagalpur, District- Bhagalpur.
           4.    The District Establishment Committee, Bhagalpur through Chairman.
           5.    The Bihar Staff Service Commission through its Secretary, Government of
                 Bihar, Patna.
           6.    The Chairman, Bihar Staff Service Commission, Government of Bihar,
                 Patna.
           7.    The Joint Secretary, Bihar Staff Service Commission, Government of Bihar,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr. Sarvesh Kumar, Government Pleader (24)
                 For the B.S.S.C.       :      Mr. Satyabir Bharti, Sr. Advocate
                                               Ms. Aastha Prakash, Advocate
                                               Ms. Kanupriya, Advocate
                                               Mr. Abhishek Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                 Upon repeated calls, no one appears on behalf of the

                   petitioner. However, learned counsel for the State and learned

                   Counsel for the B.S.S.C. are present.

                               2. From perusal of the record, it transpires that vide

                   order dated 16.01.2026 time was granted to remove the defects,

                   but the defects have not been removed as yet. Today also no one

                   appears in this case to remove the defects.
         Patna High Court CWJC No.1890 of 2026(2) dt.05-02-2026
                                                     2/2




                               3. As such, this Court is of the firm view that

                   petitioner is not interested to pursue this case. Hence, this Court

                   has no option but to dismiss this case due to non-prosecution.

                   Accordingly, this application is dismissed for non-prosecution.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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