Patna High Court

Suresh SinghversusRamji Yadav

Decided: 18 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The High Court restored the dismissed writ petition, subject to compliance with the peremptory order within four weeks.

Summary

The petitioner, Suresh Singh, filed a restoration petition on 18-03-2026 seeking to revive a writ petition (CWJC No.15183 of 2022) that had been dismissed for failure to comply with a peremptory order dated 4 July 2023. The earlier counsel was unable to rectify the defects, and the present counsel, after obtaining a no‑objection, applied for restoration and offered to file a vakalatnama. The court examined whether the dismissal for non‑compliance could be set aside and whether it was appropriate to grant the petitioner additional time to comply. Relying on the principle that courts may restore dismissed petitions when the applicant shows willingness to cure the defect, the judge deemed it fit to restore the writ petition. The restoration was conditioned on compliance with the original peremptory order within four weeks from the date of the order. Consequently, the restoration petition was disposed of on those terms.

Issues considered

Whether a writ petition dismissed for non‑compliance with a peremptory order can be restored by the High Court.
Whether the court may grant a further time period for the petitioner to comply with the original order.

Subjects

restoration of writ petition
peremptory order
non‑compliance
civil writ jurisdiction
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1453 of 2025
                                                        In
                              Civil Writ Jurisdiction Case No.15183 of 2022
                 ======================================================
                 Suresh Singh son of Harivansh Yadav @ Harvansh Singh, Resident of
                 Village-Hetampur, P.s.-Tiar, District-Bhojpur.

                                                                           ... ... Petitioner/s
                                                Versus
           1.    Ramji Yadav Son of Late Baleshwar Yadav, Resident of Village-Hetampur,
                 P.s.-Tiar, District-Bhojpur.
           2.    Haribansh Yadav, son of Megha Yadav, Resident of Village-Hetampur, P.s.-
                 Tiar, District-Bhojpur.
           3.    Saral Yadav, Son of Late Ishwar Deyal Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           4.    Yogendra Yadav, son of Late Ishwar Deyal Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           5.    Manager Yadav, Son of Late Ishwar Deyal Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           6.    Jangali Yadav, Son of Late Keshwar Yadav, Resident of Village-Hetampur,
                 P.s.-Tiar, District-Bhojpur.
           7.    Ramashish Yadav, Son of Late Keshwar Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           8.    Shiv Lakhan Yadav, son of Late Keshwar Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           9.    Shivdeyal Yadav, Son of Late Keshwar Yadav, Resident of Village-
                 Hetampur, P.s.-Tiar, District-Bhojpur.
           10. Kalapati Yadav, Son of Late Jag Narayan Yadav, Resident of Village-
               Hetampur, P.s.-Tiar, District-Bhojpur.
           11. Hari Yadav, Son of Baleshwar Yadav, Resident of Village-Hetampur, P.s.-
               Tiar, District-Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Gopal Krishna Nishant, Adv.
                 For the Opposite Party/s :   Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   18-03-2026             The present petition has been filed for restoring a writ

                   petition bearing CWJC No. 15183 of 2022, which has stood

                   dismissed on account of non-compliance of the peremptory
         Patna High Court MJC No.1453 of 2025(3) dt.18-03-2026
                                                     2/2




                   order dated 4.7.2023.

                   2.      The learned counsel for the petitioner submits that the

                   earlier counsel could not remove the defects, as pointed out by

                   the registry on account of reasons best known to him, however

                   now after seeking no objection, the present counsel has filed the

                   present     restoration      petition and     would also   be   filing

                   vakalatnama in the said writ petition, hence a sympathetic view

                   be taken and the aforesaid writ petition be restored, while

                   granting some time to the petitioner to remove the defects, as

                   pointed out by the registry, in the aforesaid writ petition.

                   3.      Having regard to the facts and circumstances of the case

                   and considering the submissions advanced by the learned

                   counsel for the petitioner, I deem it fit and proper to restore the

                   aforesaid writ petition bearing CWJC No. 15183 of 2022 to its

                   original file, however subject to compliance of the peremptory

                   order dated 4.7.2023 within a period of four weeks from today.

                   4.      Accordingly, the present restoration petition stands

                   disposed off on the aforesaid terms.


                                           (Mohit Kumar Shah, J)

Ajay/-
U

Continue reading with your account

Checking your session…