Patna High Court

Gauri KumariversusThe State of Bihar

Decided: 7 January 2026
Disposal: D.F.D. (PRE-EMPTORY)
Bench: ALOK KUMAR SINHA

Holding

The court held that the petition must be treated as an MJC application and dismissed the case on that procedural basis.

Summary

The petition was filed by Gauri Kumari, a minor, through her mother, against the State of Bihar and several officials alleging grievances. The case was originally presented as a writ application, but the court later discovered that it should have been filed as a Miscellaneous Jurisdiction (MJC) application. In an earlier order dated 26 November 2025, the court noted this clerical mistake and directed that the term 'writ application' be read as 'MJC application'. On 7 January 2026, Justice Alok Kumar Sinha dismissed the case, relying on the prior order that corrected the procedural defect. No substantive merits were addressed, and the dismissal was purely on procedural grounds.

Issues considered

Whether the petition filed as a writ application should be treated as a Miscellaneous Jurisdiction (MJC) application
Whether the procedural defect warrants dismissal of the case

Subjects

procedural law
jurisdiction
writ
Miscellaneous Jurisdiction
minor
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1556 of 2019
                                                     In
                               Civil Writ Jurisdiction Case No.13259 of 2018
                  ======================================================
                  Gauri Kumari D/o Shiv Kumar Pandit Minor through Guardian Mother
                  Urmila Devi W/o Shiv Kumar Pandit, R/o Village-Pachrukhi, P.S. Babubarhi,
                  Distt-Madhubani

                                                                               ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through District Magistrate, Madhubani
            2.    The District Magistrate Madhubani
            3.    The District Electricity Board Madhubani
            4.    Balram Kumar S/o Unknown Junior Electric Engineer, Madhubani
            5.    Santosh Kumar S/o unknown Lineman of District Electricity Board,
                  Madhubani

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Md. Soban Asghar
                  For the Opposite Party/s :       Mr. Yogendra Prasad Sinha (Aag 7)
                                           :       Mr. Rajeev Kumar Sinha, AC to AAG-7
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

4    07-01-2026                    This case stands dismissed in light of previous order

                    dated 26.11.2025. In the previous order dated 26.11.2025, by

                    mistake writ application was typed in place of MJC application.

                                 2. Accordingly, “MJC application” should be read in

                    place of “writ application”.



                                               (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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