Patna High Court

Anil Kumar SinghversusThe State Of Bihar and Ors

Decided: 19 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

The petition is dismissed for default and non-prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Anil Kumar Singh, filed a civil writ petition before the Patna High Court but failed to appear for any of the scheduled hearings, including those on 16-12-2024 and 09-01-2026. The Court had previously ordered a final listing on 19-01-2026 as a last indulgence. Despite this, the petitioner remained unrepresented on the scheduled date. The Court noted the repeated non-appearance and, invoking procedural rules, decided to dismiss the petition for default and non-prosecution. Consequently, the writ petition was dismissed without any substantive consideration of its merits.

Issues considered

What is the appropriate consequence when a petitioner fails to appear for scheduled hearings in a civil writ petition?

Subjects

default judgment
civil writ jurisdiction
non-prosecution
court procedure
petition dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.22524 of 2013
                 ======================================================
                 Anil Kumar Singh S/O Late Ragho Singh 5c/11, Manna Singh Lane, Near
                 Viveka Nand Marg, North S.K. Puri, Boring Road, Patna- 800013



                                                                           ... ... Petitioner/s
                                                     Versus



           1.    The State Of Bihar and Ors Old Secretariat, Patna
           2.    The Commissioner Cum Principal Secretary, Commercial Taxes Deptt.
                 Bihar, Patna
           3.    The Member Board Of Revenue Cum Chairman, Departmental Promotion
                 Committee, Old Secretariat, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None.
                 For the Respondent/s   :        Mr.Lalit Kishor Paag
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                 CHAKRAVARTHY
                                       ORAL ORDER

5   19-01-2026                    1. None has appeared on behalf of the

                   petitioner.

                                 2. This Court had passed an oral order on

                   09.01.2026, which reads as follows.

                                                      “No      representation    for     the

                                            petitioner on 16.12.2024 as well as today

                                            i.e. 09.01.2026. As a last indulgence, list

                                            on 19.01.2026..”

                                  3.    In      spite     of     that   there      is     no

                   representation on behalf of the petitioner today.
           Patna High Court CWJC No.22524 of 2013(5) dt.19-01-2026
                                                      2/2




                                     4.    The       writ      petition,   therefore,   is

                     dismissed for default and for non-prosecution.



                                       (G. Anupama Chakravarthy, J)
sunilkumar/-

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