Patna High Court

Md. Shamsher AlamversusThe State of Bihar

Decided: 7 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The writ petition is dismissed for non-prosecution.

Summary

Six individuals filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. No counsel appeared on behalf of the petitioners, and they failed to attend the hearing scheduled on 27.01.2026. The respondents, represented by the Advocate General, were present. The Court noted the petitioners' non-appearance and considered the petition to be abandoned. Consequently, the Court dismissed the writ petition on the ground of non-prosecution, without addressing any substantive merits. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

Whether a writ petition may be dismissed for non-prosecution due to petitioner’s failure to appear

Subjects

civil writ jurisdiction
non-prosecution
petition dismissal
high court
state of Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5099 of 2025
                 ======================================================
           1.     Md. Shamsher Alam Son of Md. Jaleel, Resident of Village- Nirpur, P.S.-
                  Makhdumpur, District- Jehanabad.
           2.    Ajay Kumar Sharma, Son of Bilash Sharma, Resident of Village- Muraut,
                 P.S.- Alam Nagar, District- Madhepura.
           3.    Deepak Kumar, Son of Lal babu Singh, Resident of Flat No. 101, Moon
                 Apartment, Chitkohra Punjabi Mohalla, P.S.- Gardanibag, District- Patna.
           4.    Ajay Kumar Sharma, Son of Nagina Sharma, Resident of Village-
                 Rampurwa, P.S.- Valmiki Nagar, District- West Champaran.
           5.    Sheo Shankar Rajnish, Son of Late Balmiki Sharma, Resident of Village-
                 Jamalpur, P.S.- Masaurhi, District- Patna.
           6.    Winston Churchil, Son of Tung Nath Choudhary, Resident of Mohalla-
                 Friends Colony, Katira, P.S.- Ara, District- Bhojpur.


                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
           2.    Additional Chief Secretary, General Administration Department, Bihar,
                 Patna.
           3.    Deputy Secretary, General Administration Department, Bihar, Patna.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       None
                 For the Respondent/s   :       Mr. Advocate General
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   07-04-2026                 None appears on behalf of the petitioner.

                               2. When the matter was taken up on 27.01.2026, on

                   that day also nobody appeared for the petitioner.
             Patna High Court CWJC No.5099 of 2025(3) dt.07-04-2026
                                                         2/2




                                   3. The writ petition stands dismissed for non-

                       prosecution.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

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