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Patna High Court

Md. Rehan ZafarversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear and demonstrate an intention to pursue the case.

Summary

The petitioner, Md. Rehan Zafar, filed a civil writ petition against the State of Bihar and several officials, including the Bihar Staff Selection Commission. The petition was listed for hearing on 16 January 2026, but the petitioner failed to appear despite repeated calls. The court again scheduled the matter for 5 February 2026, and once more the petitioner did not appear, nor did any counsel seek an adjournment. The court inferred that the petitioner was not interested in pursuing the relief sought. Consequently, the court dismissed the petition on the ground of non‑prosecution.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear before the court.

Subjects

  • civil writ jurisdiction
  • non‑prosecution
  • dismissal
  • procedural default
  • court appearance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1894 of 2026
                 ======================================================
                 Md. Rehan Zafar S/o-Md. Ramjan, Resident of B.C.E. Bhagalpur Chounka,
                 Fatehpur, Po- Fatehpur, P.S.- Sabour, Dist -Bhagalpur, Pin 813233, State
                 Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar Patna.
           3.    The Collector, Bhagalpur, District-Bhagalpur.
           4.    The District Establishment Committee, Bhagalpur through Chairman.
           5.    The Bihar Staff Selection Commission through its Secretary, Government of
                 Bihar, Patna.
           6.    The Chairman, Bihar Staff Selection Commission, Government of Bihar,
                 Patna.
           7.    The Joint Secretary, Bihar Staff Selection Commission, Government of
                 Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     None
                 For the Respondent/s   :     Mr. Additional Advocate General (12)
                 For the B.S.S.C.       :     Mr. Sriram Krishna, Advocate
                                              Mr. Shashank Shekhar Kunwar, Advocate
                                              Mr. Prabhat Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                   Upon repeated calls, no one appears on behalf of the

                   petitioner. However, learned counsel for the State and learned

                   Counsel for the B.S.S.C. are present.

                               2. From perusal of the record it transpires that this

                   case was listed on 16.01.2026 before the J.R. (Judicial). On that

                   very day also, no one was appeared and time was granted to

                   remove the defects but defect could not be removed. Today also,
         Patna High Court CWJC No.1894 of 2026(2) dt.05-02-2026
                                                     2/2




                   on repeated calls, no one appears even for adjournment in this

                   case.

                               3. As such, this Court is of the firm view that

                   petitioner is not interested to pursue this case. Hence, this Court

                   has no option but to dismiss this case due to non-prosecution.

                   Accordingly, this application is dismissed for non-prosecution.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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