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Patna High Court

Bhola Prasad SinghversusThe State of Bihar

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

Holding

Non‑compliance with the prior order justifies dismissal of the MJC application.

Summary

A group of petitioners filed a civil writ petition before the Patna High Court against the State of Bihar and several officials. The court had earlier issued an order on 5 January 2026 requiring compliance by the respondents. The petitioners filed a Miscellaneous Jurisdiction (MJC) application seeking relief, but the respondents failed to comply with the earlier order. On 2 February 2026, Justice Alok Kumar Sinha dismissed the MJC application on the ground of non‑compliance. The dismissal effectively upheld the earlier order and left the petitioners without further relief in this application.

Issues considered

  • Whether the respondents' failure to comply with the earlier court order warrants dismissal of the MJC application

Subjects

  • civil writ jurisdiction
  • non‑compliance
  • application dismissal
  • High Court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.4484 of 2019
                                                        In
                                  Civil Writ Jurisdiction Case No.5392 of 2017
                  ======================================================
            1.     Bhola Prasad Singh Son of Raghu Singh Resident of Village- Basawan Patti,
                   P.S.- Rajpur, District- Supaul.
            2.    Kamdeo Jha Son of Late Markandey Jha Resident of Village- Basawan Patti,
                  P.S.- Rajpur, District- Supaul.
            3.    Chandeshwari Singh Son of Late Badri Singh Resident of Village- Basawan
                  Patti, P.S.- Rajpur, District- Supaul.
            4.    Ganga Paswan Son of Kanhaiya Paswan Resident of Village- Basawan Patti,
                  P.S.- Rajpur, District- Supaul.
            5.    Girja Gevi Wife of Late Shibu Kusiyat Resident of Village- Basawan Patti,
                  P.S.- Rajpur, District- Supaul.
                                                                            ... ... Petitioners
                                                  Versus
            1.    The State of Bihar Through Mr. Dipak Kumar, the Chief Secretary,
                  Government of Bihar, Patna.
            2.    Mr. Sanjay Kumar The Principal Secretary, Health and family Welfare
                  Department, Government of Bihar, Patna.
            3.    Mr. Manoj Kumar The Additional Secretary, Health and Family Welfare
                  Department, Government of Bihar, Patna.
            4.    Mr. Santhil K. Kumar The Commissioner, Koshi Division, Saharsa.
            5.    Mr. Mahendra Kumar The Collector, Supaul.
            6.    Mr. Manoj Kumar The District Land Reforms Officer, Saharsa.
            7.    Mr. Kedar Nath The District Land Acquisition Officer, Supaul.
            8.    Mr. Mahendra Kumar The Additional Collector, Revenue, Supaul.
            9.    Dr. Ghanshyam Jha The Civil Surgeon cum Chief Medical Officer, Supaul.
            10. Jagannath Choudhary The Circle Officer, Raghopur, Supaul.
                                                                    ... ... Opposite Parties
                ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Bam Bahadur Jha, Advocate
                  For the Opposite Party/s :       Mr. Binod Kumar Yadav (Sc 18)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

4    02-02-2026                          For non-compliance of previous order dated

                    05.01.2026, the MJC application stands dismissed.



                                               (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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