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Patna High Court

Kumar Bijendra PrasadversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application is dismissed for default due to the petitioner's non‑appearance.

Summary

Petitioner Kumar Bijendra Prasad filed a civil writ petition before the Patna High Court. No counsel appeared on behalf of the petitioner, neither on the current date nor on the previous hearing. The respondents, represented by Mr. Md. Irshad Ali (A.C. to the Secretary) and Dr. Anand Kumar (advocate for the Accountant General), were present. The court noted the petitioner’s failure to appear and consequently dismissed the writ application for default. The dismissal was pronounced by Justice Anil Kumar Sinha.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear before the court?

Subjects

  • civil writ
  • default dismissal
  • non‑appearance
  • Patna High Court
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6577 of 2020
                  ======================================================
                  Kumar Bijendra Prasad Son of Late Kishori Prasad, resident of Village
                  Gadhapar, Barhauna, Police Station Chandi, district Nalanda presently
                  residing at Mohalla East Indira Nagar, Bypass Road near Kisan Bhavan,
                  Police Station Kankarbagh, District- Patna.
                                                                             ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Principal Secretary, General Administration
                   Department, Government of Bihar, Patna.
            2.    The Under Secretary, General Administration Department, Government of
                  Bihar, Old Secretariat Building, Patna 800015.
            3.    The Accountant General, Bihar, Patna.
            4.     The Senior Accounts Officer, the Accountant General Officer, Bihar, Patna.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      None
                  For the Respondent/s   :      Mr. Md. Irshad Ali, A.C. to S.C.-1.
                  For the A.G.           :      Dr. Anand Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

4    23-08-2021                     No one appears on behalf of the petitioner. On the

                    last occasion also, no one had appeared on behalf of the

                    petitioner.

                                  Mr. Md. Irshad Ali, learned A.C. to S.C.-1 for the

                    State as well as Dr. Anand Kumar, learned counsel for the

                    Accountant General are present.

                                  Accordingly, this writ application is dismissed for

                    default.



                                                              (Anil Kumar Sinha, J)
sanjeev/-
U


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