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Patna High Court

Kiran KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

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

Summary

The petitioner, Kiran Kumari, filed a civil writ petition before the Patna High Court seeking relief against the State of Bihar and several officials. No counsel appeared on behalf of the petitioner on the scheduled hearing date of 22 January 2026. The Court, as a last indulgence, adjourned the matter to 27 January 2026. Again, there was no representation for the petitioner on the adjourned date. Consequently, the Court dismissed the writ petition on the ground of default and non‑prosecution, without addressing the substantive claims. The order was pronounced by Justice G. Anupama Chakravarthy.

Issues considered

  • Can a writ petition be dismissed for default due to the petitioner’s failure to appear before the Court?

Subjects

  • default judgment
  • writ petition
  • civil writ jurisdiction
  • non‑prosecution
  • procedural default

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.25618 of 2013
                    ======================================================
                    Kiran Kumari W/O Niranjan Kumar Singh Resident Of Village- Daspur, P.O-
                    Dariyapur, Police Station- Sajour, District- Bhagalpur.

                                                                                ... ... Petitioner/s
                                                       Versus
               1.   The State Of Bihar and Ors
               2.   The Director, Social Welfare, Government Of Bihar, Patna.
               3.   The District Magistrate, Bhagalpur.
               4.   The District Programm Officer, Bhagalpur.
               5.   The Child Development Project Officer, Shakund Block, Bhagalpur.

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     None.
                    For the Respondent/s     :     Mr. Mahtab Alam, AC to SC -20.
                    ======================================================
                    CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                    CHAKRAVARTHY
                                          ORAL ORDER

5    27-01-2026                     1. There was no representation on behalf

                      of the petitioner on 22.01.2026 and as a last

                      indulgence,           the matter was directed to be listed

                      on today i.e. 27.01.2026.

                                  2. 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)
sunilkumar/-

U


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