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Patna High Court

Dinanath YadavversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition was dismissed for non‑prosecution as the petitioner failed to appear on three consecutive dates.

Summary

Dinanath Yadav filed a writ petition seeking mandamus directing the State of Bihar to regularise his service as a night guard and to adjust his posting in accordance with his qualifications. The petitioner failed to appear before the Patna High Court on three successive dates (14‑11‑2024, 05‑08‑2025, and 05‑01‑2026). Despite adjournments and repeated notices, no counsel or representative appeared on his behalf. The respondent’s counsel, Mr. Uday Bhan Singh, was present throughout. As a result, the Court dismissed the petition for non‑prosecution, without addressing the merits of the relief sought.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus for regularisation and adjustment of his service

Subjects

  • writ of mandamus
  • service regularisation
  • non‑prosecution
  • civil writ jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.650 of 2017
                 ======================================================
                 Dinanath Yadav son of Rambaran Yadav, Resident of Village- Raghunathpur,
                 P.S.- Brahampur, District- Buxar.

                                                                                       ... ... Petitioner/s
                                                            Versus

           1.    The State of Bihar through Registrar, Co-operative Society, New Secretariat,
                 Patna.
           2.    Joint Secretary, Co-operative Society, New Secretariat, Patna.
           3.    District Co-operative Officer, Buxar, District- Buxar.
           4.    Assistant Registrar, C-operative Society, Dumraon, District- Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :      None
                 For the State               :      Mr. Uday Bhan Singh, AC to GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                    ORAL ORDER


5   05-01-2026                   1. No one appears on behalf of the petitioner. Learned

                   counsel for the respondents is present.

                                 2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                     “(i)     For     issuance    of      writ    of
                                        mandamus            commanding      the        respondent
                                        authority to take decision to regularise the
                                        service of petitioner who is working on the post
                                        of       Night       Guard,      Bayapar          Mandal,
                                        Raghunathpur, Distt. Buxar from his joining July
                                        1984.
                                                     (ii) For issuance of writ of Mandamus
Patna High Court CWJC No.650 of 2017(5) dt.05-01-2026
                                            2/3




                             commanding the respondent authority to adjust
                             the service of petitioner transfering him from the
                             department of Co-operative to ther department
                             on the post for which petitioner is entitled for as
                             per his qualification.
                                         (iii) For issuance of such other
                             appropriate writ or direction which may deem fit
                             and proper for the ends of justice.”

                      3. No one appeared on behalf of the petitioner on the

          last two dates i.e. 14.11.2024 and 5.8.2025 also when the

          following orders were recorded :-

                             “14-11-2024
                                      None appears on behalf of the petitioner.
                                      2. Re-notify this case on 06.02.2025.
                                   … … … … … … … … … … … … .. ..
                             05-08-2025
                                                  Upon repeated calls, no one
                                      appears on behalf of the petitioner.
                                      However, Learned Counsel for the State
                                      is present.
                                                  2. It transpires from Order
                                      No.3 dated 14.11.2024 also, no one
                                      appeared on behalf of the petitioner.
                                                  3.    As     a   matter     of   last
                                      indulgence, this case is adjourned for
                                      two weeks.
                                                  4.    List       this     case    on
                                      02.09.2025. If on the said date, no one
                                      appears on behalf of the petitioner,
                                      appropriate order shall be passed.”
            Patna High Court CWJC No.650 of 2017(5) dt.05-01-2026
                                                        3/3




                                  4. As no one appears on behalf of the petitioner for the

                      third consecutive date, the case is dismissed for non-

                      prosecution.


                                                  (Partha Sarthy, J)
avinash/-

U


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