Patna High Court

Rajiv KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

The petition is allowed and the dismissed case is restored, subject to payment of Rs. 500 to the Legal Services Committee.

Summary

Petitioner Rajiv Kumar filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 9699 of 2024, which had been dismissed on 3 October 2024 for non‑prosecution. The High Court examined whether the dismissal could be set aside despite the lapse. The Court held that the petition was maintainable and allowed it, subject to the petitioner paying a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the dismissed case was restored to its original file for further proceedings. The order was pronounced by Justice Rajiv Roy.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored upon filing a petition.
Whether the petitioner is required to pay a fee to the Legal Services Committee as a condition for restoration.

Subjects

restoration of case
non‑prosecution
civil writ jurisdiction
legal services fee
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.1376 of 2025
                                                        In
                                  Civil Writ Jurisdiction Case No.9699 of 2024
                  ======================================================
                  Rajiv Kumar son of Janardan Prasad Singh, resident of ward no. 23, Near
                  Subhash Chowk, Shri Krishna Nagar, Police Station - Nagar Thana Begusarai
                  and District - Begusarai, Bihar 851101.                    ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the Principal Secretary Department of Mines and
                   Geology, Government of Bihar, Patna.
            2.    The Mines Commissioner, Government of Bihar, Patna.
            3.    The Mines Director, Government of Bihar, Patna.
            4.    The District Magistrate, Vaishali at Hazipur.
            5.     The Mineral Development Officer, Vaishali at Hazipur.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Avinash Chandra, Advocate
                  For the Opposite Party/s :     Mr.Government Pleader, 26
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    06-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for

                    restoration of CWJC No.9699 of 2024               which was dismissed

                    for non-prosecution on 03.10.2024.

                                 3. For the reasons assigned in paragraphs 04 to 07,

                    the MJC No. 1376 of 2025 is allowed subject to payment of

                    Rs.500/- with the Patna High Court Legal Services Committee.

                                 4. The CWJC No.9699 of 2024 is restored to its

                    original file.



                                                (Rajiv Roy, J)
Ravi/-
U

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