Patna High Court

Baleshwar Narayan SinghversusThe State Of Bihar and Ors

Decided: 9 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

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

Summary

The petitioner, Baleshwar Narayan Singh, filed a civil writ petition before the Patna High Court against the State of Bihar and others. No counsel appeared on behalf of the petitioner on the scheduled dates of 04.02.2023, 25.11.2024, and again on 09.01.2026. The Court had earlier issued an oral order on 08.01.2016 granting a final opportunity for representation, which was ignored. Since the petitioner failed to appear despite the Court's indulgence, the Court held that the petition could not proceed. Consequently, the writ petition was dismissed for default and non‑prosecution. The order was pronounced by Hon’ble Justice G. Anupama Chakravarthy.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for hearing despite being granted a final opportunity?

Subjects

default judgment
writ petition
non‑prosecution
civil writ jurisdiction
court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19658 of 2013
                  ======================================================
                  Baleshwar Narayan Singh
                                                                            ... ... Petitioner/s
                                                    Versus
                  The State Of Bihar and Ors
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         None.
                  For the Respondent/s     :         Mr.S.S. Shabbar Hussain
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                  CHAKRAVARTHY
                                        ORAL ORDER

5    09-01-2026                   1. None has appeared on behalf of the

                    petitioner.

                                2. This Court had passed an oral order on

                    08.01.2016, which reads as follows.

                                                            “There was no representation

                                               for    the     petitioner       on   04.02.2023,

                                               25.11.2024 as well as today. As a last

                                               indulgence, list on 09.01.2026.”

                                   3.      In        spite    of     that      there   is    no

                    representation on behalf of the petitioner today.

                                   4.      The        writ     petition,        therefore,   is

                    dismissed for default and for non-prosecution.


                                         (G. Anupama Chakravarthy, J)

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