Patna High Court
Sudama MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- ANSHUMAN
Holding
Non‑compliance with a peremptory order to rectify defects justifies dismissal of the application.
Summary
The petitioner, Sudama Mahto, filed a civil writ petition before the Patna High Court. The court, by Order No. 2 dated 02.02.2026, granted the petitioner a four‑week peremptory period to rectify defects identified by the Stamp Reporter. The petitioner failed to remove the defects within the stipulated time, as noted in the office note dated 13.03.2026. Consequently, the court dismissed the application for non‑compliance with the peremptory order. The judgment, however, allowed the petitioner the liberty to file a fresh petition for restoration of the application if advised. The dismissal was based solely on the failure to comply with the court’s procedural direction.
Issues considered
- Whether the court may dismiss a writ application for failure to comply with a peremptory order to remove defects.
Subjects
- civil writ jurisdiction
- peremptory order
- non‑compliance
- application dismissal
- restoration petition
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.725 of 2026
======================================================
Sudama Mahto S/o Ramrup Mahto, Resident of Village- Baghawana, P.S.-
Sathi, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Home Department, Government of Bihar, Patna.
3. The Director General of Police, Government of Bihar, Patna.
4. The Inspector General, Headquarter, Patna, Bihar.
5. The Bihar Staff Selection Commission, through its Secretary Bailey Road,
P.O.- Veterinary College Campus, Sheikhpura, Patna-14.
6. The Chairman, Bailey Road, P.O.- Veterinary College Campus, Sheikhpura,
Patna-14.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Advocate
For the State : Ms. Deepanjali Gupta, AC to GP-10
For the BSSC : Mr. Satyabir Bharti, Sr. Advocate
Mr. Abhishek Anand, Advocate
Ms. Kanupriya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-03-2026 The present matter has been listed under the heading
For Orders (On Office Notes).
2. Learned counsel for the petitioner, learned counsel
for the State and learned counsel for the Bihar Staff Selection
Commission are present.
3. It transpires from Order No. 2 dated 02.02.2026
that four weeks’ peremptory time was granted to the petitioner
to remove the defects, as pointed out by the Stamp Reporter.
However, the office note dated 13.03.2026 reflects that the said
Patna High Court CWJC No.725 of 2026(3) dt.16-03-2026
2/2
defects have not been removed as yet.
4. Under the circumstances, the present application
stands dismissed for non-compliance of the peremptory order
dated 02.02.2026.
5. However, the petitioner shall be at liberty to file an
appropriate petition for restoration of the present application, if
so advised.
(Dr. Anshuman, J)
Ashwini/-
U
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