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Patna High Court

Anup KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed for non‑prosecution as the petitioner failed to appear.

Summary

Anup Kumar filed a civil writ petition in the Patna High Court seeking relief against the State of Bihar and several district officials. The petition was listed as urgent, but the petitioner failed to appear before the court. The respondent's counsel, Mr. P. K. Verma and Dr. Mankeshwar Tiwari, were present. The court noted the absence of any representation for the petitioner and, on that basis, dismissed the writ application for non‑prosecution. No substantive merits of the petition were considered.

Issues considered

  • Can a writ petition be dismissed for non‑prosecution when the petitioner does not appear before the court?

Subjects

  • civil writ jurisdiction
  • non‑prosecution
  • petition dismissal
  • urgent hearing
  • court procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.23155 of 2019
                 ======================================================
                 Anup Kumar son of Late Durga Prasad Resident of Village- Laxmipur, Post
                 Office- Sinha Ghat, Police Station- Krishna Garh, District- Bhojpur.
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.    The Chairman, District         Establishment    Compassionate Appointment
                 Committee, Bhojpur, Ara.
           3.    The District Magistrate-cum- Collector, Bhojpur, Ara.
           4.    The District Education Officer, Bhojpur, Ara.
           5.     The Principal, Government High Middle School, Gaziyapur, Bhojpur.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None
                 For the Respondent/s   :        Mr. P. K. Verma, AAG3
                                                 Dr. (Mr.) Mankeshwar Tiwari, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-11-2024                 The case was mentioned for taking it up out of turn on

                   ground of urgency but then no one appears on behalf of the

                   petitioner. Learned AC to AAG-3 for the State is present.

                               2. Hence, the writ application is dismissed for non-

                   prosecution.



                                            (Satyavrat Verma, J)
Kundan/-

U


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