Patna High Court
Bindeshwari YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court ordered restoration of the writ petition, conditional upon the petitioner removing the identified defects within four weeks.
Summary
The petitioner, Bindeshwari Yadav, filed a petition under Article 226 seeking restoration of a writ petition (CWJC No.8625 of 2023) that had been dismissed for default because the petitioner failed to comply with a peremptory order dated 5 July 2024. The petitioner contended that the failure resulted from miscommunication and inadvertence and that the defects could be remedied within four weeks. The High Court considered whether a writ petition dismissed for default could be reinstated when the petitioner is willing to cure the procedural lapses. The Court held that, in view of the facts and the petitioner's undertaking, it was appropriate to restore the writ petition, subject to the petitioner removing the defects within four weeks. Accordingly, the restoration petition was disposed, directing the petitioner to comply within the stipulated period.
Issues considered
- Whether a writ petition dismissed for default can be restored upon the petitioner's undertaking to cure procedural defects
- Whether the High Court may condition restoration on compliance within a specified time
Subjects
- restoration of writ petition
- default dismissal
- peremptory order
- procedural compliance
- civil writ jurisdiction
- Article 226
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1549 of 2025
In
Civil Writ Jurisdiction Case No.8625 of 2023
======================================================
Bindeshwari Yadav S/o- Late Jahuri Yadav Resident of Village- Sabalpur,
Gram Panchayat- Digghi, Police Station- Laxmipur, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary Panchayati Raj, Bihar, Patna.
3. The District Magistrate, Jamui.
4. The Block Development Officer, Laxmipur, Jamui.
5. The Circle Officer, Laxmipur, Jamui.
6. The Mukhiya, Gram Panchayat- Digghi, P.O.- Digghi, Block and P.S.-
Laxmipur, District- Jamui.
7. The Panchayat Secretary, Gram Panchayat- Digghi, P.O.- Digghi, Block and
P.S.- Laxmipur, District- Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Standing Counsel 7
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 17-04-2026 The present petition has been filed for restoration of a
writ petition bearing CWJC No.8625 of 2023, which has stood
dismissed for default on account of non-compliance of the
peremptory order dated 05.07.2024.
2. The learned counsel for the petitioner has
submitted that on account of miscommunication and
inadvertence, the defects pointed out by the registry could not
be removed, however, the same shall be removed within a
period of four weeks positively, hence a sympathetic view be
Patna High Court MJC No.1549 of 2025(3) dt.17-04-2026
2/2
taken and the aforesaid petition be restored to its original file.
3. Having regard to the facts and circumstances
of the case and taking into consideration the averments made in
the present petition, though I deem it fit and proper to direct for
restoration of the aforesaid writ petition bearing CWJC No.8625
of 2023, however, subject to the petitioner removing the defects
pointed out by the registry, within a period of four weeks from
today.
4. The present restoration petition is disposed off on
the aforesaid terms.
(Mohit Kumar Shah, J)
kanchan/-
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