Patna High Court

Kusum KumariversusThe State Of Bihar and Ors

Decided: 9 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

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

Summary

Petitioner Kusum Kumari filed a civil writ petition against the State of Bihar and several officials. No counsel appeared for the petitioner on the scheduled hearing dates of 09-12-2024 and 08-01-2026. The respondents' counsel informed the court that the matter had become infructuous, but the court listed the case again to determine if any cause of action remained. Again, no representation was made for the petitioner on 09-01-2026. Consequently, the High Court dismissed the writ petition for default and non‑prosecution.

Issues considered

Whether any cause of action survived to warrant continuation of the writ petition
Whether the petition can be dismissed for default due to non‑appearance of counsel

Subjects

writ petition
default dismissal
civil writ jurisdiction
non‑prosecution
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.20973 of 2013
                 ======================================================
                 Kusum Kumari D/O Sri Bhagirath Prasad Sigh R/O Mohalla Bhikhana
                 Pahari, P.S. Pirbahore, District Patna, At Present Posted As Child
                 Development Project Officer Gai Ghat, P.S. Gai Ghat, District Muzaffarpur,
                 Bihar.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar and Ors
           2.    The Principal Secretary To The Government Of Bihar, Old Secretariat, P.S.
                 Sachibalya, District Patn
           3.    The Principal Secretary Cum Commissioner, Personal Administrative
                 Reforms Department Government Of
           4.    The Principal Secretary Cum Commissioner, Welfare, Government Of Bihar,
                 Old Secretariat, P.S. Sachi
           5.    The Special Secretary, Welfare Department, Government Of Bihar, Old
                 Secretariat, P.S. Sachibalya, D
           6.    Indu Kumari W/O Nirmal Kumar Former Block Development, Officer Cum
                 Circle Officer, Gaunaha, West Champaran Presently, Posted As Mid Day
                 Meal Incharge Madhubani, P.S. Madhubani, District Madhubani, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None.
                 For the Respondent/s   :        Mr. Manoj Kumar AC to GP-4
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                 CHAKRAVARTHY
                                       ORAL ORDER

5   09-01-2026                    1. None has appeared on behalf of the

                   petitioner.

                                 2. This Court had passed an oral order on

                   08.01.2016, which reads as follows.

                                                      “1. No representation on behalf

                                            of the petitioner on 09.12.2024 as well as

                                            today i.e. 08.01.2026.

                                                      2.   On   the   other      hand,      the
           Patna High Court CWJC No.20973 of 2013(5) dt.09-01-2026
                                                      2/2




                                             Learned        counsel    for   the   respondents

                                             reports to the Court that the matter has

                                             become infructuous.

                                                         3. However, for giving a fair

                                             opportunity of hearing to the Learned

                                             counsel for the petitioner whether any

                                             cause of action still survives or not, list on

                                             09.01.2026”

                                     3.     In    spite       of      that   there     is   no

                     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/-

U

Continue reading with your account

Checking your session…