Patna High Court
Suresh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is allowed and the dismissed case is restored to its original file.
Summary
Petitioner Suresh Kumar Rai filed a petition seeking restoration of Civil Writ Jurisdiction Case No.14904 of 2025, which had been dismissed on 06‑01‑2026 for failure to comply with an order dated 23‑09‑2025. The High Court examined whether the dismissal for non‑compliance could be set aside. The Court held that the petition was maintainable and allowed it, subject to the petitioner paying Rs.500 to the Patna High Court Legal Services Committee. Consequently, the dismissed case was restored to its original file. The order was pronounced by Justice Rajiv Roy on 03‑04‑2026.
Issues considered
- What is the appropriate remedy when a civil writ jurisdiction case is dismissed for non‑compliance with a court order?
Subjects
- civil writ jurisdiction
- restoration of case
- non‑compliance
- legal services committee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.125 of 2026
In
Civil Writ Jurisdiction Case No.14904 of 2025
======================================================
Suresh Kumar Rai Son of Late Shyam Rath Rai, Resident of Village-
Mujiyan, P.S.- Kudra, District- Kaimur (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Director, Consolidation, Bihar, Patna.
3. The Joint Director, Consolidation, Bihar, Patna.
4. Shri Ram Rai, son of late Ghurbigan Rai, Resident of Village Mujiyan, P.S.-
Kudra, District- Kaimur (Bihar).
5. Rama Nandan Rai, son of late Deo Raj Raj, Resident of Village Mujiyan,
P.S.-Kudra, District- Kaimur (Bihar).
6. Hridya Nand Rai, son of late Deo Raj Rai, Resident of Village Mujiyan,
P.S.-Kudra, District- Kaimur (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nirbhay Prashant, Advocate
For the Opposite Party/s : Mr. Government Pleader 25, Ramadhar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 03-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for restoration of CWJC No.14904 of
2025 to its original file which came to be dismissed
on 06.01.2026 on account of non compliance of the
order dated 23.09.2025.”
3. For the reasons assigned in paragraph nos. 4 to 9,
MJC No. 125 of 2026 is allowed subject to payment of Rs. 500/-
Patna High Court MJC No.125 of 2026(4) dt.03-04-2026
2/2
to the Patna High Court Legal Services Committee.
4. CWJC No. 14904 of 2025 stands restored to its
original file.
(Rajiv Roy, J)
Adnan/-
U
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