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Patna High Court

Roop NarayanversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ application is dismissed for non‑prosecution.

Summary

Rup Narayan filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and the Bihar School Examination Board. No counsel appeared on behalf of the petitioner despite repeated calls on two consecutive dates. Counsel for the Bihar School Examination Board and the State of Bihar were present and participated. The Court observed that the petitioner failed to prosecute the writ application. Consequently, the Court dismissed the writ petition on the ground of non‑prosecution. The dismissal was pronounced without any substantive consideration of the merits of the petition.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the Court?

Subjects

  • civil writ
  • non‑prosecution
  • procedural default
  • Patna High Court
  • Bihar School Examination Board

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.12981 of 2012
                  ======================================================
                  Rup Narayan Son Of Late Gauri Shankar Resident Of Bagbhup Singh Lane,
                  Alamganj Chowki, P.S. Alamganj, Town And District Patna

                                                                               ... ... Petitioner/s
                                                      Versus
            1.    The State Of Bihar.
            2.    The Bihar School Examination Board, Through Its Secretary, Patna
            3.    The Director, Secondary Education, Department Of Human Resources
                  Development, Bihar, Patna

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the BSEB             :      Mr. Manish Kumar, Advocate
                  For the State            :      Mr. Kumar Alok, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

5    15-04-2024                          On the last occasion i.e. on 01.04.2024, despite

                    repeated calls nobody appeared on behalf of the petitioner.

                    However, learned counsel for the BSEB as well as learned

                    counsel for the State were present.

                                     2. Today, also nobody appears on behalf of the

                    petitioner on repeated calls.

                                  3. Accordingly, this writ application is dismissed for

                    non-prosecution.


                                           (Rajesh Kumar Verma, J)
ajay/-

U


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