Patna High Court
Prema DeviversusThe State of Bihar through the District Magistrate,
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court ordered the restoration of the dismissed writ petition, subject to verification by the Registry that all defects have been removed.
Summary
The petitioner, Prema Devi, filed a petition seeking restoration of a writ petition (CWJC No. 17259 of 2024) that had been dismissed for default due to non‑compliance with a peremptory order dated 20‑11‑2024. The petitioner argued that delays in obtaining a certified copy of the Permanent Lok Adalat award prevented timely correction of the defects, but now all defects have been remedied. The Court examined the circumstances and the petitioner's submissions, and held that restoration was appropriate, directing the Registry to verify that the defects have indeed been removed before reinstating the writ petition to its original file. The petition for restoration was consequently disposed, with the writ petition to be restored subject to verification. The order was delivered by Justice Mohit Kumar Shah.
Issues considered
- Whether a writ petition dismissed for default can be restored on the ground that the procedural defects have been remedied
- Whether the Registry must verify removal of the defects before restoration
Subjects
- writ petition
- restoration
- default dismissal
- procedural defect
- High Court
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1456 of 2025
In
Civil Writ Jurisdiction Case No.17259 of 2024
======================================================
Prema Devi wife of Ram Chandra Singh and D/o Late Parasnath singh
Resident of village Sendhila P.S -Buxar Muffasil , District Buxar at present
residing at Vill-Mahila Basudhar,P.S-Itarhi ,Dist-Buxar
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Patna.
2. District Magistrate , Patna Patna
3. Renu Devi wife of Awadhesh Kumar Singh Daughter of late Parasnath Singh
R/o village- Sendhilla , P.S. - Buxar muffasil, District- Buxar
4. Mostt. Matri Devi Wife of Late Parasnath Singh resident of vill-sendhilla
,P.S Buxar Muffasil,District Buxar .
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Verma, Advocate
For the Opposite Party/s : Mr. Sita Ram Yadav, GP-16
Mr. Jitendra Kumar, AC to GP-16
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 16-01-2026 The present petition has been filed for
restoration of a writ petition bearing CWJC No.
17259 of 2024, which has stood dismissed for
default on account of non-compliance of the
peremptory order dated 20.11.2024.
2. The learned counsel for the petitioner submits
that on account of certain time having been
consumed in obtaining the certified copy of the
award passed by the learned Permanent Lok
Patna High Court MJC No.1456 of 2025(3) dt.16-01-2026
2/2
Adalat, the defects could not be removed within
the stipulated time frame, however all the defects
have stood removed.
3. Having regard to the facts and circumstances
of the case, considering the submissions made by
the learned counsel for the petitioner as also
considering the averments made in the present
petition, I deem it fit and appropriate to direct for
restoration of the aforesaid writ petition bearing
CWJC No. 17259 of 2024 to its original file, subject
to the Registry verifying as to whether all the
defects pointed out by the Registry in the said writ
petition have been removed or not.
4. The present petition stands disposed off on
the aforesaid terms.
(Mohit Kumar Shah, J)
S.Sb/-
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