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Patna High Court

Prabhu PrasadversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution due to the petitioners' failure to appear.

Summary

The petitioners, a group of individuals from East Champaran and Sitamarhi districts, filed a writ petition before the Patna High Court against the State of Bihar Education Department and its officials. No counsel appeared on behalf of the petitioners despite repeated notices. The respondent side was represented by Mr. Sarvesh Kumar Singh, Additional Advocate General. The Court observed that the petitioners showed no interest in prosecuting the case as they failed to appear. Consequently, the Court dismissed the petition for want of prosecution, stating that it could not proceed without the petitioners' participation.

Issues considered

  • What is the appropriate course of action when petitioners fail to appear and show no interest in prosecuting a writ petition?

Subjects

  • petition dismissed
  • want of prosecution
  • civil writ jurisdiction
  • procedural default
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.809 of 2023
                                                      In
                              Civil Writ Jurisdiction Case No.18069 of 2014
                 ======================================================
           1.     Prabhu Prasad S/o jagdish Prasad, Resident of Vill. - Champur Kha, P.O.
                  Chaupapur, Kairiya, P.S. Ghorasahar, Distt. - East Champaran.
           2.    Arun Kumar Singh S/o Ramakant Singh, R/ Vill. and P.O. - Phirauliya, P.S. -
                 Chiraiya, Distt. - East Champaran.
           3.    Krishna Kant Kumar S/o Ram Ayodhya Prasad, R/Vill. and P.O. -
                 Gamahariya Kala, P.S. Darpa, Distt. - East Champaran.
           4.    Ashok Pandey S/o Chandra Shekhar Pandey, R/Vill and P.O. Kharkhai, P.S. -
                 Chiraiya, Distt. - East Champaran.
           5.    Rajeev Ranjan Singh S/o Bir Bhadur Singh, R/Vill. - Dumri Kala, P.S. -
                 Major Ganj, Distt. - Sitamarhi.
           6.    Raghubansh Kuar S/o Ram Ayodhya Kaur, R/Vill. - Suppi, P.O. - Bokcha,
                 P.S. Major Ganj, Distt. - Sitamarhi.
           7.    Nirbhay Kumar S/o Raj Kishore Singh, Resident of Vill. and P.O. - Badaka
                 Gaon, P.S. - Pakridayal, Distt. - East Champaran.

                                                                             ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through its Commissioner cum Secretary Education
                 Department, Government of Bihar, Patna.
           2.    The Commissioner Cum Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director, Mass Education, Government of Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   None
                 For the Opposite Party/s :   Mr.Sarvesh Kumar Singh (AAG-13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   13-02-2026             Despite repeated calls, nobody has bothered

                   to appear for the petitioners, hence, it appears that

                   the petitioners have got no interest in prosecuting

                   the present petition, thus this Court has no option
         Patna High Court MJC No.809 of 2023(4) dt.13-02-2026
                                                     2/2




                   but to dismiss the present petition for want of

                   prosecution.

                   2       Accordingly,           the      present   petition   stands

                   dismissed for non-prosecution.



                                           (Mohit Kumar Shah, J)
S.Sb/-

U


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