Patna High Court

Shankar Kumar and AnrversusThe State Of Bihar and Ors

Decided: 7 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

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

Summary

Petitioners Shankar Kumar and others filed a civil writ petition before the Patna High Court against the State of Bihar and several officials. The Court scheduled a hearing on 09-12-2024 and again on 07-01-2026, but the petitioners failed to appear on both occasions. The learned counsel for the respondents was present, and the Court, after granting a last indulgence, listed the matter again for 07-01-2026. When the petitioners still did not appear, the Court exercised its discretion to dismiss the writ petition for default and non‑prosecution. Consequently, the petition was dismissed without any merits being considered.

Issues considered

Whether a writ petition may be dismissed for default due to the petitioner's failure to appear despite being given an opportunity?

Subjects

default judgment
writ petition
civil writ jurisdiction
non‑prosecution
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19380 of 2013
                  ======================================================
            1.     Shankar Kumar and Anr S/O Late Panchu Prasad Yadav Resident Of
                   Shivpuri Ward No. 9, Police Station- Saharsa, District- Saharsa.
            2.    Pramod Sharan S/O Late Vidyanand Prasad Resident Of Village Kharka
                  Telwa, Police Station- Nauhatta, District- Saharsa
                                                                     ... ... Petitioner/s
                                                     Versus
            1.    The State Of Bihar and Ors
            2.    The Director Social Welfare Directorate Bihar, Patna.
            3.    The Secretary Social Welfare Directorate, Bihar, Patna.
            4.    The District Magistrate, Saharsa.
            5.     The Assistant Director, Social Security Cell Cum District Child Protection
                   Unit Saharsa.
                                                                          ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None
                  For the Respondent/s     :     Mr.Tej Bahadur Singh
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                                 ORAL ORDER

5    07-01-2026                   1. This Court has passed an oral order on

                    06.01.2026, which reads as follows:-

                                                   No representation for the
                                         petitioner on 09.12.2024 as well as
                                         today. However, the Learned counsel
                                         for the respondents are present. As a
                                         last indulgence, list on 07.01.2026.

                                2. In spite of the said order, there is no

                    representation for the petitioner. Therefore, the

                    Writ petition is dismissed for default and for non-

                    prosecution.


                                         (G. Anupama Chakravarthy, J)
Amitkr/-
U

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