IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.462 of 2011 Rajdeo Singh & Ors . Versus The State Of Bihar & Ors . ----------- 3 15.7.2011 Heard learned counsel for the appellants and leaned counsel for the State. The writ petition preferred by the appellants and five others in the year 1997 was admitted for hearing and interim stay was also allowed in their favour. When the matter was taken up for hearing on 8.7.2010, nobody appeared on behalf of the petitioners. As a result, the learned Writ Court applied its mind to some aspects of the controversy and dismissed the writ petition as one without merit. Sometimes in order to take advantage of continuing interim order there is willful default and in order to avoid such a situation we have put queries to the counsel for the appellants and he has undertaken on behalf of the appellants that if in future there is any default in appearance on behalf of the writ petitioners, the interim stay order may be vacated. Ordinarily, cases should be dismissed only - 2 - for default when nobody appears to press the application. In view of submission, the order under appeal is set aside and the matter is remitted back to the learned Writ Court for deciding the case after giving opportunity of hearing to the petitioners. It is again made clear that if the writ petitioners do not appear before the Writ Court then the stay in their favour shall be vacated. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)