Created by Fuzzy Cloud

Patna High Court

Sudama MahtoversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.