Patna High Court
Shambhu Nath RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
Holding
The writ petition is dismissed for default due to the petitioner's failure to appear or be represented.
Summary
The petitioner, Shambhu Nath Rai, filed a civil writ petition before the Patna High Court but failed to appear or be represented at the scheduled hearing dates of 16-12-2024 and 08-01-2026. The Court noted that despite an earlier oral order granting a last indulgence to list the case on 09-01-2026, no counsel appeared on that date either. Consequently, the Court held that the petition could not proceed in the absence of any representation. The judgment was that the writ petition be dismissed for default and for non-prosecution. The order reflects the Court's adherence to procedural rules requiring parties to be represented at hearings.
Issues considered
- What is the effect of a petitioner's failure to appear or be represented at scheduled hearings on the continuance of a writ petition?
Subjects
- default judgment
- writ petition
- civil procedure
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20665 of 2013
======================================================
Shambhu Nath Rai Son Of Late Hare Ram Rai Resident Of Village -
Govindpur, P.O. Puliya, P.S. Buxar, M , District - Buxar
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The I.G. Prison Bihar, Patna
3. The Jail Superintendent, Saheed Khudi Ram Bose Central Jail, Muzaffarpur
4. The Jail Superintendent, Samastipur
5. The Jail Superintendent, Buxar
6. The Jail Superintendent, Bhagalpur
7. The Jail Superintendent, Sheikhpura
... ... Respondent/s
======================================================
Appearance :
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
petitioner.
2. This Court has passed an oral order on
08.01.2016, which reads as follows.
“No representation on behalf of
the petitioner on 16.12.2024 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
Patna High Court CWJC No.20665 of 2013(5) dt.09-01-2026
2/2
representation on behalf of the petitioner today.
4. The writ petition, therefore, is
dismissed for default and for non-prosecution
(G. Anupama Chakravarthy, J)
sunilkumar/-
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