Patna High Court

Ramashray SinghversusThe State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms,

Decided: 24 April 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Ramashray Singh, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 2635 of 2024, which had been dismissed for default after non‑compliance with an order dated 04‑02‑2025. The petitioner later requested to withdraw this petition and instead file a fresh petition for restoration of a different case, MJC No. 3588 of 2025. The Court considered the request for withdrawal and the procedural posture of the original petition. No substantive issues on the merits of the original writ were addressed. The Court dismissed the petition on the basis that it had been withdrawn by the petitioner. Consequently, the petitioner may now proceed with a new petition for restoration of the other case.

Issues considered

Whether a petition dismissed for default can be restored upon the petitioner's request
Whether the Court can dismiss a petition as withdrawn when the petitioner seeks to file a fresh petition

Subjects

restoration of writ
default dismissal
withdrawal of petition
civil writ jurisdiction
high court procedure

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Jurisdiction Case No.1053 of 2026
                                                            In
                                      Civil Writ Jurisdiction Case No.2635 of 2024
                     ======================================================
                     Ramashray Singh Son of Rekha Singh, Resident of Village Kerkakhadha, PS
                     Khaira, district Aurangabad (Bihar).
                                                                                ... ... Petitioner/s
                                                          Versus
                1.    The State of Bihar through the Principal Secretary, Department of Revenue
                      and Land Reforms, Govt. of Bihar, Patna.
                2.   The Director, Directorate of Land Acquisition, Govt. of Bihar, Patna.
                3.   The District Magistrate-cum-Collector, Aurangabad.
                4.   The District Land Acquisition Officer, Aurangabad.
                5.    The Chief Executive Officer, Bhartiya Rail Bijlee Company Ltd. (A Joint
                      Venture of India Railway and NTPC) its office located at the campus of
                      BRBCL Khaira, P.S.- NTPC, Khaira Circle Nabinagar, District-Aurangabad.
                                                                         ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Anirudh Kumar Verma, Adv.
                     For the Opposite Party/s :     Mr. Government Pleader 7
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
2    24-04-2026                        Heard the parties.

                                    2. The present application has been preferred for

                       Restoration of CWJC No. 2635 of 2024 that stood dismissed for

                       default due to unfortunate non-compliance of the order dated

                       04.02.2025 passed by this Court.

                                    3. Mr. Anirudh Kumar Verma prays for withdrawal of the

                       petition to file an appropriate petition for restoration of MJC No.

                       3588 of 2025.

                                    4. Accordingly, the petition is dismissed as withdrawn.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U

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