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Patna High Court

Parma Nand Sah S/o Chechan ShahversusThe State of Bihar through the Secretary revenue and Land Reforms Government of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the dismissal for non‑prosecution was improper and restored CWJC No.25047 of 2018 to its original file.

Summary

Petitioner Parma Nand Sah filed a writ petition seeking restoration of Civil Writ Jurisdiction Case No.25047 of 2018, which had been dismissed for non‑prosecution on 06‑01‑2026. The petitioner argued that the dismissal was unwarranted and requested that the case be reinstated to its original file. The court examined the grounds for dismissal and found that the procedural lapse did not justify a final dismissal. Accordingly, the court set aside the dismissal order. The petition was allowed and the writ case was restored to its original file.

Issues considered

  • Whether the dismissal of CWJC No.25047 of 2018 for non‑prosecution can be set aside and the case restored to its original file?

Subjects

  • civil writ jurisdiction
  • restoration of dismissed case
  • non‑prosecution
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.139 of 2026
                                                       In
                                Civil Writ Jurisdiction Case No.25047 of 2018
                 ======================================================
                 Parma Nand Sah S/o Chechan Shah Parma Nand Sah S/o Chechan Shah
                 Resident of Village-Telwa, Police Station-Mahishi, District-Saharsa.

                                                                             ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Secretary revenue and Land Reforms
                 Government of Bihar Patna.
           2.    The District Magistrate, Saharsa.
           3.    The District Land Acquisition Officer, Saharsa.
           4.    The Sub Divisional Magistrate, Sadar, Saharsa.
           5.    The Assistant Settlement Officer (Head Quarter), Saharsa.
           6.    The Circle Officer, Mahisi, District-Saharsa.
           7.    Khair Mohammad, Son of Late Tasduk, Resident of Tol Maheshpur, P.S.-
                 Mahishi, District-Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shashi Dhar Jha, Advocate
                 For the Opposite Party/s :    Mr. Additional Advocate General 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-04-2026                  Learned counsel for the petitioner prays for and is

                   allowed to delete paragraph-4 of the petition.

                                2. Heard the parties.

                                3. The present petition has been preferred for the

                   following relief(s):

                                              “for restoration of CWJC No. 25047 of

                                   2018 to its original file which got dismissed for

                                   non-prosecution vide order dated 06.01.2026.”

                                3. For the reasons assigned in paragraph no. 5, MJC
          Patna High Court MJC No.139 of 2026(3) dt.10-04-2026
                                                      2/2




                    No. 139 of 2026 is allowed.

                                 4. CWJC No. 25047 of 2018 stands restored to its

                    original file.



                                                   (Rajiv Roy, J)
Adnan/-

U


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