Patna High Court

Km PuneetaversusThe State Of Bihar

Decided: 29 January 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ALOK KUMAR SINHAANJANI KUMAR SHARAN

Holding

The application is dismissed for non‑prosecution.

Summary

Seven petitioners filed a civil writ petition in the Patna High Court against the State of Bihar and various education officials. The petitioners failed to appear in court despite repeated notices, and no counsel represented them. The State and the Bihar Public Service Commission were represented by counsel. The court observed that the petitioners appeared uninterested in pursuing the case. Consequently, the application was dismissed for non‑prosecution, effectively halting the proceedings.

Issues considered

What is the appropriate course of action when petitioners do not appear or prosecute their writ petition?

Subjects

civil writ jurisdiction
non‑prosecution
petition dismissal
education department
high court procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.636 of 2024
                 ======================================================
           1.     Km Puneeta D/o Sukhasagar, R/o Village-Khairatwa, PO-Chiurapali, PS-
                  Kaptanganj, District- Kushinagar (UP).
           2.    KM Ritu, D/o Awadhesh Kumar, R/o Village-Rampura, PO-Baraunakalan,
                 PS-Airwa Katra, District-Auraiya (UP).
           3.    Rekha Rani, D/o Tejpal Singh, R/o House No 25, Holi Chowk Maliyana,
                 PS-Transport Nagar, District- Meerut (UP).
           4.    KM Anju Maurya, D/o Om Prakash Maurya, R/o Village-Sultanpur, PO-
                 Dumraon, PS-Sarilakhansi, District-Mau (UP).
           5.    Reeta, D/o Panchoo Ram, R/o Village and PO-Lakhandih, PS-Jahangirganj,
                 District-Ambedkar Nagar, (UP).
           6.    Manita Chauhan, D/o Rambelas Chauhan, R/o Village-Jungal Thakurahi,
                 PO-Badhya Bujurg, PS- Surauli, District-Deoria (UP).
           7.    Secretary, Bihar Public Service Commission, Patna.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar through the Principal Secretary, Education department,
                 Govt. of Bihar, Patna.
           2.    Principal Secretary, Education department, Govt. of Bihar, Patna.
           3.    Director, Secondary Education, Bihar, Patna.
           4.    Regional Deputy Director of Education, Muzaffarpur Division, Muzaffarpur.
           5.    District Education Officer, Muzaffarpur.
           6.    Bihar Public Service Commission though its Secretary, Patna.
           7.    Joint Secretary-cum-Examination       Controller,    Bihar   Public    Service
                 Commission, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     None
                 For the Respondent/s    :     Mr. AC to GP3
                 For the B.P.S.C.        :     Mr. Sanjay Pandey, Adv.
                                         :     Mr. Nishant Kumar Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

6   29-01-2025                   Despite repeated calls, nobody appears on behalf of

                   the petitioners. On 18.01.2025 also, nobody appeared on behalf

                   of the petitioners.
          Patna High Court CWJC No.636 of 2024(6) dt.29-01-2025
                                                      2/2




                                2. Learned counsel for the State as well as learned

                    counsel for the B.P.S.C. are present.

                                3. It appears that the petitioners are not interested in

                    pursuing this case.

                                4. Accordingly, this application is dismissed for non-

                    prosecution.



                                          (Anjani Kumar Sharan, J)
anand/-

U

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