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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/-

U


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