Patna High Court

Sabita Devi and OrsversusThe State Of Bihar and Ors

Decided: 6 January 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: ALOK KUMAR SINHA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a civil writ petition in the Patna High Court seeking relief against the State of Bihar and several education officials. No counsel appeared on behalf of the petitioners, despite a prior order dated 02‑12‑2025 that gave them a last chance to prosecute the writ. On the scheduled hearing of 06‑01‑2026, the petitioners again failed to appear. The court, noting the repeated non‑appearance and the earlier warning, dismissed the petition for non‑prosecution. The dismissal was ordered without any consideration of the merits of the petition.

Issues considered

Whether a writ petition may be dismissed for non‑prosecution when the petitioners fail to appear despite a prior warning

Subjects

civil writ jurisdiction
non‑prosecution
dismissal
high court procedure
absence of counsel

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7876 of 2018
                 ======================================================
           1.     Sabita Devi and Ors W/o Vivek Prasad Mandal, Resident of Village-
                  Hanswar, Post Nababganj, P.S.-Manihari, District-Katihar.
           2.    Bhagan Soren, S/o Jitrai Soren, Resident of Village-Bhiriyahi, Post
                 Nababganj, P.S.-Mahihari, District-Katiahr.
           3.    Mrityunjay Kumar S/o Shivnandan Mandal, Resident of Village-Post
                 ParsaBadhnagar, P.S.-Pranpur, District-Katihar.

                                                                             ... ... Petitioners
                                                    Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, General Administration Department, Bihar, Patna.
           3.    The Director, Primary Education, Bihar, Patna.
           4.    The Project Officer, Adult Education Manihari, Katihar.
           5.    The District Public Education Officer, Katihar.
           6.    The Block Education Officer, Mahihari, District-Katihar.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the Respondent/s   :      Mr. Jitendra Kumar Roy No-1, Sc-13
                                        :      Ms. U.K. Singh, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   06-01-2026                   No one appears on behalf of the petitioners.

                             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 petitioners are not interested in pressing the writ

                   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 petitioners to press the writ application.

                   Hence, in light of previous order dated 02.12.2025, the case is
          Patna High Court CWJC No.7876 of 2018(4) dt.06-01-2026
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                    dismissed for non-prosecution.



                                            (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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