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Patna High Court

Sambhu Saran and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

The petitioners filed a civil writ petition before the Patna High Court seeking relief against the State of Bihar and several officials. No counsel appeared on behalf of the petitioners on 2 December 2024 and again on 8 January 2026, despite the Court’s earlier indulgence to appear on 9 January 2026. The Court observed that the petitioners failed to prosecute the petition. Consequently, the Court dismissed the writ petition for default and non‑prosecution. The order was pronounced by Justice G. Anupama Chakravarthy, leaving the respondents’ actions unchallenged.

Issues considered

  • Whether the writ petition should be dismissed for default due to non‑appearance of counsel?

Subjects

  • writ petition
  • default dismissal
  • non‑prosecution
  • civil writ jurisdiction
  • Patna High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20475 of 2013
     ======================================================
1.    Sambhu Saran and Ors Son Of Bansmani Rai Resident Of Village- Gashi
      Path, Police Station- Patori, District- Samastipur
2.   Ashok Kumar Son Of Late Bhulaie Rai Resident Of Village- Shirdilpur,
     Police Station- Patori, District- Samastipur
3.   Ajay Kumar Singh Son Of Kamleshwar Singh Resident Of Mohalla- Medni
     Mal, Post Office And Police Station- Hajipur, District- Vaishali At Hajipur
4.   Satyanarayan Rai Son Of Yogeshwar Rai Resident Of Village-
     Mohiuddinpur, Post Office- Biddupur, Police Station- Biddupur, District-
     Vaishali At Hajipur
5.   Sri Narayan Singh Son Of Chandrika Singh Resident Of Village- Mahmada,
     District- Muzaffarpur
6.   Suresh Prasad Son Of Chaturi Prasad Resident Of Village- Modnagar, Post
     Office- Sarai, Police Station- Hajipur, District- Vaishali At Hajipur
7.   Chandeshwar Rai Son Of Late Rudal Rai Resident Of Village- Chakath
     Kursi Kusiyari, Police Station- Biddupur, District- Vaishali At Hajipur
8.   Tulsi Rai Son Of Ramslok Rai Resident Of Village- Nayatper, Police
     Station- Patori, District- Samastipur
9.   Ganesh Rai Son Of Gopal Rai Resident Of Village- Madhauli, Police
     Station- Biddupur, District- Vaishali At Hajipur
10. Ram Chandra Sah Son Of Late Saudagar Sah Resident Of Village-
    Chakbihari, Police Station- Biddupur, District- Vaishali At Hajipur
11. Ravindra Singh Son Of Ram Sahay Singh Resident Of Village- Balwa
    Kuwari, Police Station- Hajipur, District- Vaishali At Hajipur
12. Arun Kumar Singh Son Of Devendra Singh Resident Of Village- Ismilepur,
    Police Station- Hajipur Sadar, District- Vaishali At Hajipur
13. Vijay Singh Son Of Rajim Singh Resident Of Village- Balwa Kuwari, Police
    Station- Hajipur Sadar, District Vaishali At Hajipur
14. Uday Kumar Singh Son Of Rajim Singh Resident Of Village- Balwa
    Kuwari, Police Station- Hajipur Sadar, District Vaishali At Hajipur

                                                               ... ... Petitioner/s
                                        Versus
1.   The State Of Bihar and Ors
2.   The Commissioner, Tirhut Division, Muzaffarpur
3.   The District Magistrate Vaishali At Hajipur
4.   The Deputy Collector Estb. Vaishali At Hajipur
5.   The Deputy Collector Nazarat Vaishali At Hajipur

                                               ... ... Respondent/s
     ======================================================
     Appearance :
           Patna High Court CWJC No.20475 of 2013(5) dt.09-01-2026
                                                       2/2




                  For the Petitioner/s     :        None.
                  For the Respondent/s     :        Smt. Binita Singh, SC -28
                                                    Mr. Ujjwal Bhushan, AC to SC -28
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                  CHAKRAVARTHY
                                        ORAL ORDER

5    09-01-2026                     1.     No Representation on behalf of the

                     petitioners.

                                   2. This Court has passed an oral order on

                     08.01.2016, which reads as follows.

                                                         “No representation on behalf of

                                               the petitioner on 02.12.2024 as well as

                                               today    i.e.    08.01.2026.       As   a   last

                                               indulgence, list on 09.01.2026..”

                                3. In spite of that there is no representation

                     on behalf of the petitioners today.

                               4. The writ petition, therefore, is dismissed

                     for default and for non-prosecution.



                                         (G. Anupama Chakravarthy, J)
sunilkumar/-

U


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