Patna High Court
Himansu KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
Holding
The writ petition is dismissed for default and non‑prosecution.
Summary
The petitioner, Himansu Kumar, filed a writ petition challenging certain benefits he had received from the State of Bihar and its water resources officials. The respondents submitted a counter‑affidavit stating that the petitioner had already been paid the benefits in question, rendering the petition infructuous. The court, after noting that the petitioner had not appeared or filed any representation, listed the matter for a final hearing on 8 January 2026 as a last indulgence. No representation was made by the petitioner on that date. Consequently, the court dismissed the writ petition for default and non‑prosecution.
Issues considered
- Whether the writ petition can be entertained in the absence of any representation or appearance by the petitioner
Subjects
- writ jurisdiction
- default
- dismissal
- civil procedure
- non‑prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20518 of 2013
======================================================
Himansu Kumar Son Of Late Vinod Prasad Resident Of Village - Mokimpur,
P.S. Barh, District - Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna
3. The Under Secretary, Section 3 Water Resources Department, Govt. Of
Bihar, Patna
4. The Chief Engineer, Central Design And Research, Water Resources
Department, Anishabad, Patna
5. The Superintendent Engineer, Flood Central Design Circle, Patna
6. The Executive Engineer, Flood Central Design, Division No. 4, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mrs. Binita Singh, Advocate
: Mr. Ujjawal Bhushan, AC to SC-28
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL ORDER
6 08-01-2026 1. This Court has passed a detailed order
dated 07.01.2026, which reads as follows:-
“1. No representation for the
petitioner.
2. The Learned counsel for the
respondents reported to the Court that
the petitioner was paid with all the
benefits which are under challenge in
this Writ petition and he has filed the
supplementary counter affidavit stating
the same and therefore, the mater has
become infructuous. However, for giving
Patna High Court CWJC No.20518 of 2013(6) dt.08-01-2026
2/2
a fair opportunity to the petitioner as a
last indulgence, list on 08.01.2026.”
2. Inspite of it, today also, there is no
representation on behalf of the petitioner,
therefore, the present Writ petition stands
dismissed for default and for non-prosecution.
(G. Anupama Chakravarthy, J)
amitkr/-
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