Patna High Court

Smt. Neelam Sinha,versusMagadh University

Decided: 10 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: MOHIT KUMAR SHAH

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Smt. Neelam Sinha, filed a writ petition against Magadh University and several officials alleging grievances. The petition was listed before the Patna High Court, but the petitioner’s counsel failed to appear on multiple occasions despite repeated notices. The Court observed that the petitioner’s counsel showed no interest in prosecuting the case. Consequently, the Court exercised its inherent power to dismiss a petition for want of prosecution. The petition was therefore dismissed for non‑prosecution, without any substantive adjudication on the merits.

Issues considered

What is the appropriate consequence when a petitioner’s counsel repeatedly fails to appear and prosecute a writ petition?

Subjects

non‑prosecution
petition dismissal
procedural default
writ jurisdiction
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4993 of 2019
                                                      In
                                Civil Writ Jurisdiction Case No.6868 of 2019
                 ======================================================
                 Smt. Neelam Sinha, Wife of Late Prem Kishore Sinha, Associate Professor in
                 Hindi, Ganga Devi Mahila Mahavidyalaya, Kankarbagh, Patna, residing at
                 present in Flat No. 404 Nutan Sheoraj Apartment, S.K. Nagar, P.S- Budha
                 Colony, Patna 800001.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    Magadh University (through its Registrar) Bodh Gaya, District- Gaya.
           2.    Shri Rajendra Prasad, Son of Name not known to the petitioner, the Vice-
                 Chancellor, Magadh University, Bodh Gaya.
           3.    Shri Captain Jagat Singh Rana, Son of Name not known to the petitioner, the
                 Registrar, Magadh University, Office situated at Bodh Gaya within District
                 of Gaya.
           4.    Shri Pyare Mohan Sahay, Son of Name not known to the petitioner, Finance
                 Officer, Magadh University Office Situated at Bodh Gaya, District- Gaya.
           5.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar Office situated in New Secretariat Patna,
                 P.S. Sachivalya.
           6.    The Authorized Officer, Pay Verification Cell, Department of Education,
                 Government of Bihar, New Secretariat, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       None
                 For the Opposite Party-State:   Mr. Kameshwar Kumar (Gp 17)
                 For Magadh University :         Mr. Harsh Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   10-04-2026                     On the last occasion, no counsel had bothered to

                   appear for the petitioner. Today also, despite repeated calls,

                   nobody has bothered to appear for the petitioner, hence it

                   appears that the learned counsel for the petitioner has got no

                   interest in prosecuting the present petition, thus this Court has
            Patna High Court MJC No.4993 of 2019(5) dt.10-04-2026
                                                        2/2




                      no option but to dismiss the present petition for want of

                      prosecution.

                                   2.         Accordingly, the petition stands dismissed

                      for non-prosecution.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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