Patna High Court
Jay Prakash YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- D.F.D. FOR NON APPEARANCE
- Bench
- ALOK KUMAR SINHA
Holding
The writ application was dismissed for non‑prosecution.
Summary
The petitioner, Jay Prakash Yadav, filed a civil writ application before the Patna High Court against the State of Bihar and several education officials. No counsel appeared on behalf of the petitioner, and the respondent's counsel was present. The Court had previously warned on 2 December 2025 that the case would be dismissed for non‑prosecution if the petitioner did not appear on the next date. On 6 January 2026, once again no petitioner representation was present. Accordingly, the Court dismissed the writ application for non‑prosecution, concluding that the petitioner had abandoned the proceedings.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and prosecute a writ application after a prior warning?
Subjects
- civil writ jurisdiction
- non‑prosecution
- case dismissal
- Patna High Court
- procedural default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7801 of 2018
======================================================
Jay Prakash Yadav son of Shri Ratan Yadav resident of village/Mohalla -
Shastrinagar, P.O. - Naraipur, Police Station - Bagha, District - West
Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Director, Primary Education, Education Department, Govt. of Bihar, Patna.
3. Director, State Education, Research and Training Board, Mahendru, Patna.
4. Chairman, Research and Training Board, Mahendru, Patna.
5. District Magistrate, West Champaran, Bettiah.
6. District Education Officer, West Champaran at Bettiah.
7. District Programme Officer Establishment, West Champaran at Bettiah.
8. Block Education Extension Officer, Bagha - 1, District - West Champaran.
9. Block Development Officer cum Secretary, Block Teacher Niyojan Samiti,
Bagha - 1, District - West C
10. State Appellate Authority, Education Department, Bihar 5C-D-Niyojan
Bhawan, Bailey Road, Patna.
11. Upendra Kishore Gupta son of Ram Prasad Gupta resident of village -
Barharpatti, P.O. - Barjariya Bazar, P.S. - Tarjulwa, District - Dewaria Uttar
Pradesh, presently working as Teacher in Utkramit Middle School,
Bathwariaya, P.O. Chandraha, Bagha - 1, Block, District - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Madhaw Prasad Yadav -Gp23
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 06-01-2026 No one appears on behalf of the petitioner.
2. Learned counsel for the Respondent-State is
present.
3. By previous order dated 02.12.2025, this matter
was adjourned by way of last chance making it clear that if on
the next date, the petitioner is not interested in pressing the writ
Patna High Court CWJC No.7801 of 2018(4) dt.06-01-2026
2/2
application then this Court may consider dismissing it for non-
prosecution. Today again when the case is called out, no one
appears on behalf of the petitioner to press the writ application.
Hence, in light of previous order dated 02.12.2025, the case is
dismissed for non-prosecution.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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