Patna High Court
Tinku KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition dismissed for non‑prosecution is restored to its original file.
Summary
The petitioner, Tinku Kumari, filed a petition seeking restoration of a writ petition (C.W.J.C. No. 6468 of 2023) that had been dismissed for non‑prosecution. The dismissal occurred because the petitioner’s senior counsel was unavailable due to medical treatment, and the petitioner could not arrange for another counsel to appear. The petitioner argued that the non‑appearance was beyond his control and requested a sympathetic consideration. The High Court examined the circumstances and the counsel’s inability to appear, and found merit in the petitioner's request. Consequently, the Court ordered the restoration of the dismissed writ petition to its original file and allowed the petition.
Issues considered
- Whether a writ petition dismissed for non‑prosecution due to counsel’s non‑appearance can be restored on the ground of medical incapacity of the counsel.
Subjects
- writ petition
- restoration
- non‑prosecution
- procedural law
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.14 of 2024
In
Civil Writ Jurisdiction Case No.6468 of 2023
======================================================
Tinku Kumari Wife of Nilesh Kumar Ray Resident of Village- Makandpur
Near Sudha Dairy, Makadpur Panchayat- Ranuchak Makandpur, Police
Station- Nathnagar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Divisional Commissioner, Bhagalpur.
2. The Divisional Commissioner, Bhagalpur.
3. The District Magistrate Cum Collector, Bhagalpur.
4. The District Programme Officer, Bhagalpur.
5. The Child Development Project Officer, Nathnagar within the district of
Bhagalpur.
6. The Lady Supervisor, Child Development Programme, Nathnagar within the
district of Bhagalpur.
7. Ward Member of Ward No-7 of Gram Panchayat Ranuchak, Bhagalpur.
8. Ward Panch of Ward No.- 7 of Gram Panchayat, Ranuchak within the
district of Bhagalpur.
9. Renu Bharti, Wife of Shri Sheo Kumar Ray Resident of Village- Makandpur,
Post Office at Ranuchak, Police Station- Nathnagar, District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Mandal, SC-3
Ms. Bittu Kumari, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 11-03-2026 The present petition has been filed for
restoration of a writ petition bearing C.W.J.C. No.
6468 of 2023, which has stood dismissed for non-
prosecution vide order dated 08.11.2023.
2. The Ld. Counsel for the petitioner submits that
the Ld. Senior Counsel, who had to argue the
Patna High Court MJC No.14 of 2024(3) dt.11-03-2026
2/2
present writ petition, had gone outside station for
his medical treatment and the file pertaining to the
present case was lying in his office and the
petitioner, who also stays outside Patna, could not
contact the other counsel for the purposes of
requesting him to appear in the present case,
leading to non-appearance of the counsel for the
petitioner when the present writ petition was called
out for hearing. Thus it is submitted that a
sympathetic view be taken and the aforesaid writ
petition be restored to its original file.
3. Having regard to the facts and circumstances
of the case, considering the submissions made by
the Ld. Counsel for the petitioner as also taking into
account the averments made in the present
petition, I deem it fit and appropriate to direct for
restoration of the aforesaid writ petition bearing
C.W.J.C. No. 6468 of 2023 to its original file.
4. The present petition stands allowed.
(Mohit Kumar Shah, J)
S.Sb/-
U
Checking your session…