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Patna High Court

Jay Dayal,versusThe State of Bihar

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

Holding

The petition was dismissed for failure to comply with the earlier order.

Summary

The petitioner, Jay Dayal, filed a writ petition challenging actions of the State of Bihar and several education officials. No counsel appeared on behalf of the petitioner, while the State was represented by Mr. Bijay Bhushan Prasad. The Court noted that the petitioner had failed to comply with a previous order dated 5 January 2026. Because of this non‑compliance, the Court exercised its inherent power to dismiss the petition. The dismissal was ordered on 13 February 2026 by Justice Alok Kumar Sinha.

Issues considered

  • What is the appropriate remedy when a petitioner fails to comply with a prior court order in a writ proceeding?

Subjects

  • non‑compliance
  • petition dismissal
  • civil writ jurisdiction
  • high court
  • procedural default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4536 of 2019
                                                         In
                                 Civil Writ Jurisdiction Case No.19541 of 2018
                  ======================================================
                  Jay Dayal, Son of Ram Nihora Prasad, Resident of Village- Haraji, Post
                  Office- Haraji, Police Station- Autar Nagar, District- Saran.

                                                                              ... ... Petitioner/s
                                                    Versus
            1.    The State of Bihar
            2.    Girivar Dayal Singh, Director of Secondary Education, Government of
                  Bihar, Secretariat Buildings, Patna-800001.
            3.    Dr. Priyanandan Kumar Verma, Regional Deputy Director of Education,
                  Saran Division, Chapra.
            4.    Ajay Kumar Singh, District Education Officer, Saran, Chapra.
            5.    Sunil Kumar Gupta, District Programme Officer, Saran, Chapra.
            6.    Rajni Kant Prasad Singh, Headmaster, Ishwari High School, Village and
                  Post Office-Basant, Police Station-Garkha, District-Saran.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   None
                  For the Opposite Party/s :   Mr. Bijay Bhushan Prasad, A.C. to S.C.-13.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

4    13-02-2026                   No one appears on behalf of the petitioner. Learned

                    counsel for the State is present.

                                 2. For non-compliance of the previous order dated

                    05.01.2026, this case is dismissed.




                                                             (Alok Kumar Sinha, J)

sanjeev/-

U


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