Patna High Court

Duni Lal Yadav and OrsversusThe State Of Bihar and Anr

Decided: 4 August 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ARUN KUMAR JHA S B P SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners, five brothers named Yadav, filed a civil miscellaneous petition before the Patna High Court against the State of Bihar and the Circle Officer, seeking relief (the specific relief is not detailed in the record). No counsel appeared on behalf of the petitioners, and the record shows that they had previously sought time on the last date of hearing. The petitioners failed to appear thereafter, indicating a loss of interest in pursuing the case. The Court noted the absence of representation and the petitioners' inaction. Consequently, the Court dismissed the petition on the ground of non‑prosecution.

Issues considered

What is the appropriate consequence when petitioners fail to prosecute their petition and do not appear before the Court?

Subjects

civil procedure
dismissal
non-prosecution
petition
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CIVIL MISCELLANEOUS JURISDICTION No.1958 of 2017
                   ======================================================
              1.    Duni Lal Yadav, Son of Late Bahuri Mandal.
              2.   Shyam Sundar Yadav, Son of Late Bahuri Mandal.
              3.   Yogendra Yadav, son of Late Bahuri Mandal.
              4.   Satyendra Kumar Nirala, Son of Late Bahuri Mandal.
              5.   Gunni Lal Yadav, Son of Late Bahuri Mandal. All Resident of Village-
                   Maura, Police Station- Shankarpur, District- Madhepura.

                                                                               ... ... Petitioner/s
                                                    Versus
              1.   The State Of Bihar
              2.   The Circle Officer, Circle Office, Shankarpur, Police Station- Shankarpur,
                   District- Madhepura.

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :     None
                   For the Respondent/s   :     Mr. Sajid Salim Khan - SC-25
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

6   04-08-2025                    On call, none appears on behalf of the petitioners.

                                 2. Perusal of record shows on the last date of hearing,

                     time was sought on behalf of the petitioners. It seems the

                     petitioners have lost interest in their case.

                                 3. Hence, the present petition is dismissed for non-

                     prosecution.



                                                  (Arun Kumar Jha, J)
balmukund/-

U

Continue reading with your account

Checking your session…