Patna High Court

Nisha Kumari and OrsversusThe State Of Bihar and Ors

Decided: 27 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

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

Summary

A group of ten petitioners, all women from various villages in West Champaran and Nalanda districts, filed a civil writ petition (CWJC No.25283 of 2013) against the State of Bihar and several health officials. The petition sought relief, but the court had earlier ordered a representation on 22.01.2026 as a last indulgence. On the scheduled date of 27.01.2026, no counsel appeared on behalf of the petitioners despite the order. The court observed the failure to appear and, invoking procedural rules, dismissed the writ petition for default and non‑prosecution. Consequently, the petitioners' claims were left without adjudication, and the case was closed.

Issues considered

Whether a writ petition may be dismissed for default due to the petitioners' failure to appear after a court order for representation?

Subjects

civil writ jurisdiction
default dismissal
non‑appearance
health department
petitioners

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.25283 of 2013
     ======================================================
1.    Nisha Kumari and Ors Wife Of Santeshwar Kumar Resident Of Village-
      Khap Tola, P.O.- Khap Tola, P.S.- Nautan, District- West Champaran
2.   Vinita Kumari Wife Of Bivesh Kumar Resident Of Village- Kataiya
     Bishunpur, P.O.- Katai Bishunpura, P.S.- Jagdishpur, District- West
     Champaran
3.   Guddiya Rani Wife Of Prabhat Ram Resident Of Village- Manachak, P.O.
     Majhouliya, P.S. Majhaulia, District- West Champaran
4.   Nirmala Kumari Daughter Of Ganesh Prasad Resident Of Village- Chariya
     Tola, P.O.- Baikunthwa, P.S. Nautan, District- West Champaran
5.   Anita Kumari D/O Mahanth Ram Resident Of Village- Jhakhara, P.O.-
     Jhakhara, P.S. Jagdishpur, District- West Champaran
6.   Anju Kumari Wife Of Sunil Kumar Resident Of Village- Auli Bigha, P.O.
     Kachahariya, P.S.- Chandi, District- Nalanda
7.   Jyoti Kumari Daughter Of Rajendra Prasad Resident Of Village- Piunibagh,
     Ward No. 32, P.O. Belbagh, P.S.- Bettiah, District- West Champaran
8.   Uma Kumari D/O Rampri Prasad Resident Of Village- Machharganwa, P.O.
     Machharganwa, P.S. Yogapatti, District- West Champaran
9.   Mamta Kumari Wife Of Ajeet Kumar Resident Of Village- Jayshree Bigha,
     P.O.- Dona, P.S.- Hisuwa, District- Nawada
10. Rina Kumari Wife Of Sanjay Kumar Resident Of Village- Brahmasthan,
    P.O.- Rukhai, P.S.- Chandi District- Nalanda

                                                               ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar and Ors
2.   Principal Secretary, Health Department Of Bihar Patna
3.   District Magistrate, West Champaran At Bettiah
4.   Civil Surgeon-Cum-Chief Medical Officer, West Champaran At Bettiah
5.   The Registrar, Bihar Nurshing Registration Council, New Secretariat, Bailey
     Road, Patna
6.   Health Officer, Primary Health Centre, Gounaha, Null P.S. Nautan, District-
     West Champaran
7.   Health Officer, Primary Health Centre, Nautan, Null District- West
     Champaran
8.   Health Officer, Primary Health Centre, Majhaulia, West Champaran

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Suresh Prasad Sharma
     For the Respondent/s   :     Mr.Rajiv Kumar Singh
     ======================================================
           Patna High Court CWJC No.25283 of 2013(3) dt.27-01-2026
                                                      2/2




                  CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                  CHAKRAVARTHY
                                     ORAL ORDER

3    27-01-2026                    1. This Court had passed an oral order on

                     22.01.2026, which reads as follows:-

                                                     “No      representation       for   the

                                             petitioner as a last indulgence, list

                                             on 27.01.2026.

                                     2.     In     spite       of    it,   there    is   no

                     representation on behalf of the petitioners today.

                     Therefore, the writ petition is dismissed for default

                     and for non prosecution.



                                       (G. Anupama Chakravarthy, J)

sunilkumar/-

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