Created by Fuzzy Cloud

Patna High Court

Dineshwar PalversusThe 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 Dineshwar Pal filed a civil writ petition (CWJC No.19782 of 2013) in the Patna High Court against the Union of India and several railway officials. No counsel appeared for the petitioner on 2 December 2024 and again on 6 January 2026. The court had earlier, on 26 September 2013, permitted the petitioner’s counsel to confine the writ petition to petitioner no. 2 and to file separate petitions for the other petitioners within one week. The petitioner failed to comply with that direction and did not appear before the court. Consequently, the court held that the writ petition stands dismissed for default and non‑prosecution. The order was pronounced by Justice G. Anupama Chakravarthy.

Issues considered

  • Whether the writ petition should be dismissed for default due to non‑appearance of counsel
  • Whether the petitioner complied with the court’s direction to limit the petition and file separate petitions within the stipulated time

Subjects

  • civil writ jurisdiction
  • default dismissal
  • non‑appearance
  • railway
  • patna high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.19782 of 2013
                 ======================================================
                 Dineshwar Pal, son of Sri Mahavir Pal of Chenari, P.S. Chenari, District
                 Rohtas.

                                                                             ... ... Petitioner/s
                                                  Versus
           1.    The Union Of India through Secretary, Railway, New Delhi
           2.    The Railway Board, Through Its Chairman, Rail Bhawan, New Delhi.
           3.    General Manager, Hajipur Zone, Hajipur.
           4.    Divisional Rail Manager, Danapur Division, Danapur, Patna.
           5.    Divisional Railway Manager, Sonpur Division, Sonepur
           6.    Divisional Rail Manager, Mugalsarai, Division, Mugalsarai
           7.    Divisional Rail Manager, Samastipur.
           8.    Divisional Rail Manager, Dhanbad Division, Dhanbad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      None
                 For the Respondent/s    :      Mr.Anshay Bahadur Mathur (CGC)
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                       ORAL ORDER

4   06-01-2026                 1. No representation on behalf of the

                   petitioner           on    02.12.2024.         Today        also,       no

                   representation on behalf of the petitioner.

                               2.       However,        the     oral    order         dated

                   26.09.2013 reads as follows:-

                                             “Learned         counsel     for        the
                               petitioners is permitted to confine the
                               writ petition in respect of petitioner no.
                               2 only, with liberty to file separate writ
                               petitions in respect of other petitioners.
                               It may be done within a period of one
           Patna High Court CWJC No.19782 of 2013(4) dt.06-01-2026
                                                      2/2




                                 week, failing which; the petition shall
                                 stand          dismissed            without   further
                                 reference to the Bench.”


                                 3. In view of the above order, the Writ

                     petition stands dismissed for default and for non-

                     prosecution.



                                       (G. Anupama Chakravarthy, J)
amitkr/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.