Patna High Court

Sudheer KumarversusThe 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 due to the petitioner's failure to appear.

Summary

Sudheer Kumar filed a civil writ petition before the Patna High Court challenging an action of the State of Bihar. The petitioner failed to appear or file any representation on the scheduled dates of 09-12-2024 and 09-01-2026. The Court, noting the absence of any counsel or representation for the petitioner, issued an oral order on 08-01-2026 directing a final listing on 09-01-2026 as a last indulgence. When the petitioner again failed to appear on the final date, the Court dismissed the writ petition for default and non‑prosecution. The dismissal was pronounced by Justice G. Anupama Chakravarthy, and no substantive merits of the petition were considered.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or file any representation in a civil writ petition?

Subjects

civil writ jurisdiction
default dismissal
non‑prosecution
procedural default
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.21464 of 2013
                  ======================================================
                  Sudheer Kumar

                                                                              ... ... Petitioner/s
                                                        Versus
                  The State Of Bihar and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Respondent/s     :        Mr.Geeta Kumari, Advocate
                                           :        Mr. Naman Nayak, AC to EX-AAG-10
                                           :        Mr. Kunal Tiwari, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                  CHAKRAVARTHY
                                        ORAL ORDER

4    09-01-2026                 1. This Court has passed a detailed oral

                    order on 08.01.2026 which reads as follows:-

                                               “No     representation         for      the

                                petitioner on 09.12.2024 as well as

                                today. As a last indulgence, list on

                                09.01.2026.”

                                2. Inspite of it, today also, there is no

                    representation             on      behalf     of    the     petitioner.

                    Therefore, the Writ petition is dismissed for default

                    and for non-prosecution.



                                         (G. Anupama Chakravarthy, J)
amitkr/-

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