Patna High Court

BiharversusRabindra Narayan Singh

Decided: 25 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The court dismissed the MJC application due to non‑prosecution as the petitioners failed to appear and showed no interest in pursuing the case.

Summary

The petitioners filed a Miscellaneous Jurisdiction (MJC) application before the Patna High Court but failed to appear despite repeated notices. The court observed that the petitioners showed no interest in pursuing the application. Consequently, the court found it had no alternative but to dismiss the application. The dismissal was based solely on the petitioners' non‑prosecution of the matter. No substantive merits of the petition were considered as the case was terminated procedurally.

Issues considered

Can the High Court dismiss a petition for non‑prosecution when the petitioners do not appear or express interest in pursuing the application?

Subjects

Civil writ jurisdiction
Non‑prosecution
Dismissal
Procedural default
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.2054 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.4108 of 2020
                  ======================================================
            1.     The State of Bihar
            2.    The Principal Secretary, General Administration Department, Government
                  of Bihar, Patna.
            3.    The Principal Secretary, Cooperative Department, Government of Bihar,
                  Patna.
            4.    The Under Secretary to the Government, General Administration
                  Department, Government of Bihar, Patna.
            5.    The Divisional Commissioner, Koshi Division, Saharsa.
            6.     The Secretary to the Commissioner, Koshi Division, Saharsa.
                                                                              ... ... Petitioner/s
                                                      Versus
                  Rabindra Narayan Singh Son of Hardeo Singh Resident of Village-Pathar,
                  Police Station-Charpokhari, District-Bhojpur.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None.
                  For the Opposite Party/s :     Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

3    25-02-2026                       Upon repeated calls, no one appears on behalf of

                    the petitioners.

                                 2. It transpires to this Court that the petitioners are not

                    interested to pursue this application and therefore, this Court has

                    no option left, but to dismiss the present MJC application.

                                 3. In this view of the matter, the present MJC

                    application stands dismissed due to non-prosecution.



                                                         (Dr. Anshuman, J)
Prakashmani/-

U

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