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Patna High Court

Awadhesh ChaudharyversusThe State of Bihar

Decided
Disposal
D.F.D. (PRE-EMPTORY)

Holding

The petition was dismissed because the petitioners did not appear and failed to comply with the earlier court order.

Summary

A group of petitioners, comprising several women from Aurangabad district, filed a civil writ petition against the State of Bihar and various education officials. The petition sought relief, but no petitioner appeared before the court on the hearing date. The State was represented by counsel, while the petitioners had no representation. The court noted that the petitioners had failed to comply with a prior order dated 05-02-2026. Consequently, the court dismissed the petition for non‑compliance and lack of appearance. The dismissal effectively closed the proceedings without any substantive adjudication on the merits.

Issues considered

  • Whether a writ petition can proceed when the petitioners fail to appear before the court
  • Whether non‑compliance with a prior court order warrants dismissal of the petition

Subjects

  • writ jurisdiction
  • non‑compliance
  • petition dismissal
  • civil procedure
  • state education department

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.132 of 2020
                                          In
                     Civil Writ Jurisdiction Case No.389 of 2018
     ======================================================
1.    Awadhesh Chaudhary Son of Balam Chaudhary, Resident of Village-Arna
      Bigha, P.S.-Haspura, District-Aurangabad.
2.   Riru Rani Chaudhary Wife of Sri Surendra Chaudhary Resident of Village-
     Helim Chack, P.S.-Haspura, District-Aurangabad.
3.   Kushum Devi Wife of Sri Suraj Ram Resident of Village and Post-Obra De-
     visthan, P.S.-Obra, District-Aurangabad.
4.   Prabha Kumari Wife of Sri Rajan Rajak Resident of Village-Dadhapi, P.S.-
     Goh, District-Aurangabad.
5.   Punam Kumari Wife of Sri Manoj Rajak, Resident of Village-Armilauna,
     P.S.-Obra, District-Aurangabad.

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar Bihar
2.   Sri R.K. Mahajan, Principal Secretary,Department of education, Governe-
     ment of Bihar Patna.
3.   Sri Ramanuj, the Director, Department of education, Government of Bihar,
     Patna.
4.   Sri Rahul Ranjan Motiwal, the District Magistrate/College Aurangabad.
5.   Sri md. Alim, the District Education Officer, Aurangabad.
6.   Sri Nandelala Prasad, the Block education Officer, Goh. Aurangabad.
7.   Sri Ram Kumar Ram the Block Education Officer, Haspura, Aurangabad.
8.   Sri Ram Kr. Ram the Block Education Officer, Obra, Aurangabad.
9.   Smt. Sarswati devi W/o Satendra Paswan, the Chairman, Village-Tola
     Samiti, Government Middle School. Haspura, Aurangabad.
10. Sri Rakesh Kumar Singh The Head Master, Government Middle School,
    Haspura, Aurangabad.
11. Sri Chando Kumari the Chairman, Cillage- Tola Samiti, Government Middle
    School, Prakhand Colony, Obra, District-Aurangabad.
12. Sri Gupteshwar Prasad the Head Master, Government Middle School, Arni-
    launa, Obra, District-Aurangabad.
13. Sri Rekha Kumari the Chairman, Village-Tola Samiti, Government Middle
    School, Arnilauna Obra, District-Aurangabad.
14. Sri Sanjay Kr. Sinha, the Head Master, Government of Middle School, Arni-
    launa, Obra, District-Aurangabad.
15. Sri Chando Devi, the Chairman, Village-Tola Samiti, Government Middle
    School, Dadhapi Goh, Aurangabad.
16. mr.---- the Chairman, Village-Tola Samiti, Government Middle School, Dad-
           Patna High Court MJC No.132 of 2020(5) dt.03-04-2026
                                                       2/2




                   hapi Goh, Aurangabad.
             17. Mr. Ajay Jaiswal, the District Programme Officer, Aurangabad.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s             :         None
                  For the State                    :         Mr.Ashutosh Ranjan Pandey (AAG 15)
                                                             Mr.Priyadarshi Matri Sharan, AC to AAG15
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

5    03-04-2026                     No one appears for the petitioner.

                                   2. The learned counsel for the State of Bihar is

                     present.

                                  3. For non-compliance of previous order dated

                     05.02.2026, the case is dismissed.



                                              (Alok Kumar Sinha, J)
kundan/-

U


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