Patna High Court
Nand KishoreversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The High Court restored the dismissed civil writ case to its original file.
Summary
The petitioner, Nand Kishore, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 16977 of 2015, which had been dismissed for non‑prosecution on 1 March 2024. The petitioner argued that the dismissal was premature and that the case should be reinstated to allow further prosecution. The Court examined the petition and the accompanying documents, and after hearing counsel for both sides, found no impediment to reviving the dismissed proceeding. Consequently, the Court allowed the prayer for restoration and ordered that the original file of CWJC No. 16977 of 2015 be reinstated. The application for restoration was thereafter disposed of. The order was pronounced by Hon’ble Justice Partha Sarthy on 25 February 2026.
Issues considered
- What is the appropriate remedy when a civil writ case is dismissed for non‑prosecution?
- Can a dismissed civil writ case be restored to its original file upon application by the petitioner?
Subjects
- Civil writ jurisdiction
- Restoration of dismissed case
- Non‑prosecution dismissal
- High Court order
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1161 of 2024
In
Civil Writ Jurisdiction Case No.16977 of 2015
======================================================
Nand Kishore @ Nand Kishore Singh, Son of Sri Chandra Kishore Singh,
Resident of Mohalla- Amla Tola, P.O. and P.S.- Katihar, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Primary Education, Patna,
Bihar.
2. The Collector, Katihar.
3. The District Education Officer (DEO), Katihar.
4. The District Programming Officer (Edu.), Katihar.
5. The Block Development Officer, Mansahi, Katihar.
6. The Block Education Extension Officer (B.E.E.O.), Mansahi, Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandeep Patil, Advocate
For the Opposite Party/s : Government Advocate-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the parties
2. The instant application has been filed for
restoration of CWJC no.16977 of 2015, which stood dismissed
for non-prosecution by order dated 1.3.2024.
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the prayer made in
the instant application is allowed.
4. CWJC no.16977 of 2015 is restored to its original
file.
Patna High Court MJC No.1161 of 2024(3) dt.25-02-2026
2/2
5. The application stands disposed of.
(Partha Sarthy, J)
avinash/-
U
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