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Patna High Court

Jitendra Kumar Satyarthi and AnrversusThe 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, Jitendra Kumar Satyarthi and another, filed a civil writ petition before the Patna High Court against the State of Bihar and several civil aviation officials. No counsel appeared on behalf of the petitioners on the scheduled dates, including the court's earlier order on 08‑01‑2016 and the hearing on 09‑01‑2026. The court noted the continued absence of representation despite a last‑minute indulgence to list the matter. Consequently, the court dismissed the writ petition on the grounds of default and non‑prosecution. The order was delivered by Justice G. Anupama Chakravarthy.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a writ petition?

Subjects

  • default judgment
  • writ petition
  • civil procedure
  • non‑prosecution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.20929 of 2013
                 ======================================================
           1.     Jitendra Kumar Satyarthi and Anr S/O Late Dudheshwar Singh R/O Jagdev
                 Nagar, P.S.- Rupaspur, Danapur, District- Patna.
           2.    Ajay Kuamr S/O Sri Suresh Prasad Singh, Ward No. 09 Near State Bank Of
                 India Birpur, P.S.-Birpur, District-Supaul.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar and Ors
           2.    Director, Civil Aviation, Patna Airport, Patna 800014.
           3.    Director, Operations Civil Aviation Directorate, Patna Airport, Patna
                 800014.
           4.    Shiva Prakash, Chief Flying Instructor, Patna Airport, Patna-800014.

                                                           ... ... 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. None has appeared on behalf of the

                   petitioners.

                                 2. This Court had passed an oral order on

                   08.01.2016, which reads as follows.

                                                      “No representation on behalf of

                                            the petitioner on 15.09.2025 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.
           Patna High Court CWJC No.20929 of 2013(5) dt.09-01-2026
                                                      2/2




                                     4.    The       writ      petition,   therefore,   is

                     dismissed for default and for non-prosecution



                                       (G. Anupama Chakravarthy, J)
sunilkumar/-

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