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Patna High CourtCWJC/1115/2017dismiss for nonprosecution

Rabindra Kumar Das v. The State Of Bihar And ORS

2026-01-05Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1115 of 2017 ====================================================== Rabindra Kumar Das, Son of Singeshwar Das, Resident of VillageChandanpatti, Naya Tola, P.O.+P.S.- Sara Mohanpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary Govt. of Bihar, Patna. 2.

The Principal Secretary, Rural Works Department, Bihar, Patna. 3.

The Chief Engineer, Rural Works Department, Darbhanga. 4.

The Executive Engineer, Rural Works Department, Work Division No. 2, Benipur, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Smt. Archana Meenakchee, GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2026

1. No one appears on behalf of the petitioner. Learned counsel for the respondents is present.

2. The petitioner has filed the instant application for the following relief :- "1. That this is an application for issuance of an appropriate writ, order or direction commanding the respondents for granting compassionate appointment to the petitioner as father of the petitioner died on 18.02.2006, petitioner is disable 60%, no one remains to look after his family, no other source of income, facing monitory crises, represented from pillar to post personally met, only assurance given orally but till date nothing done and/or for such other order/orders as your

Patna High Court CWJC No.1115 of 2017(5) dt.05-01-2026 2/3 lordships may deem fit and proper under the circumstances of this case."

3. No one appeared on behalf of the petitioner on the last two dates i.e. 14.11.2024 and 5.8.2025 also when the Court recorded the following orders :- "14-11-2024 None appears on behalf of the petitioner.

2. Re-notify this case on 06.02.2025.

... ... ... ... ... ... ... ... ... ... .. .. 05-08-2025 No one appears on behalf of the petitioner. Learned counsel for the State is present.

2. It transpires to this Court that vide order dated 12.09.2017, no one appeared on behalf of the petitioner and the case was dismissed for nonprosecution. It was subsequently restored vide order dated 16.05.2018 passed in MJC No. 344 of 2018.

Thereafter, vide Order No. 3 dated 14.11.2024, again, no one appeared on behalf of the petitioner, and today, even after repeated calls, no one has appeared on behalf of the petitioner.

3. As such, as a matter of last indulgence and in the interest of justice, matter has been adjourned for two weeks with a specific direction that if, on the next appointed date, no one appears

Patna High Court CWJC No.1115 of 2017(5) dt.05-01-2026 3/3 on behalf of the petitioner, appropriate orders shall be passed.

4. List this matter on 09.09.2025.

4. As no one appears on behalf of the petitioner on the third consecutive date, the case is dismissed for nonprosecution. (Partha Sarthy, J) avinash/- U