Patna High Court

Abhay Kumar,versusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ANSHUMAN

Holding

The Court held that a civil writ jurisdiction case dismissed for non‑compliance of a peremptory order may be restored upon filing a proper restoration application and payment of the prescribed fee.

Summary

The petitioners filed an application seeking restoration of Civil Writ Jurisdiction Case No. 10539 of 2020, which had been dismissed for failure to comply with a peremptory order dated 13 September 2024. The High Court examined the grounds raised in the restoration application. It held that the dismissal could be remedied and allowed the restoration, directing that the case be reinstated to its original number and file upon payment of a Rs 1,000 fee to the Patna High Court Bar Association. Consequently, the restoration application was granted and the case was restored. The application was thereafter disposed of.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑compliance with a peremptory order can be restored upon filing a restoration application.

Subjects

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

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No.1573 of 2025
                                          In
                  Civil Writ Jurisdiction Case No.10539 of 2020
     ======================================================
1.    Abhay Kumar, S/O-Late Kailash Pati Srivastava, R/O-Village plus Post-
      Rampur Dih, P.S.-Bishanpur, District-Darbhanga.
2.   Tushar Kant Sinha, S/O-Late Mukund Murari Sinha, R/O-MIG-69, P.S.-
     Barari, District-Bhagalpur.
3.   Anil Kumar Thakur, S/O-Ram Swaroop Thakur, R/O-village-Ruchaul, P.S.-
     Sakari, District-Madhubani.
4.   Amrendra Kumar Sinha, S/O-Late Daya Shankar Prasad, R/O-4 D/8 Veer
     Kunwar Singh Path, North S.K. Puri, P.S.-S.K. Puri, District-Patna.
5.   Deepak Verma, S/O-Late Bibha Shankar Verma, R/O-Sundari, P.S.-
     Barhariya, District-Siwan.
6.   Baiju Jha, S/O-Late Tara Nand Jha, R/O-Village-Bhaur, P.S.-Pandaul,
     District-Madhubani.
7.   Meena Kumari, W/O-Satish Chandra Thakur, R/O-Village-Gorai, P.S.-
     Chakmehsi, District-Samastipur.
8.   Kumud Jha, W/O-Daya Kant Mishra, R/O-Bahadurpur, P.S.-Laheriyasarai,
     District-Darbhanga.
9.   Dheeraj Kumar, S/O-Late Shrikrishna, R/O-32 Aryapuri, Ratu Road, P.S.-
     Sukhdeo Nagar, District-Ranchi (Jharkhand).
10. Kedar Nath Jha, S/O-Late Ram Krishan Jha Kishun, R/O-Ward No.-12,
    Kishun Kutir, Budri Bazar, P.S. plus District-Supaul.
11. Prabhu Nath Chaurasiya, S/O-Late Ram Das Bhagat, R/O-Gandhi Nagar,
    P.S.-Mirza Chowki, District-Sahebganj.
12. Pushpa Sinha, W/O-Awadhesh Kumar Tetarway, R/O-S.D.O. Road, Hajipur,
    P.S.-Hajipur, District-Vaishali.
13. Kaishlash Prasad, S/O-Late Dwarika Saw, R/O-Village-Near Vidya Mandir,
    Nashriganj, P.S.-Chatra, District-Chatra (Jharkhand).
14. Vishundeo Rai, S/O-Late Prameshwar Rai, R/O-Village-Maharaydih, P.S.-
    Chakai, District-Jamui.
15. Suhrid Ranjan Ojha, S/O-Late Khudiram Ojha, R/O-Village-Taliya, P.S.-
    Baharagora, District-East Singhbhoom (Jharkhand).
16. Jamshed Ansari, S/O-Late Babujan Mia, R/O-Village-Kalajhar, P.S.-
    Kathikund, District-Dumka (Jharkhand).

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department,
     Government of Bihar, Patna.
2.   The Director, Primary Education, Bihar, Patna.
3.   The Director, Mass Education, Bihar, Patna.
            Patna High Court MJC No.1573 of 2025(4) dt.18-03-2026
                                                        2/2




              4.    The Accountant General, Bihar, Patna.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr.Mukesh Kumar Thakur, Advoate
                   For the Opposite Party/s :        Mr.Standing Counsel 28
                   For the AG               :        Mr. Bindhyachal Rai, Advocate
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                         ORAL ORDER

4    18-03-2026                    Learned counsel for the petitioners, learned APP for

                      the State and learned counsel for the Accountant General, Bihar

                      are present.

                                   2. The present application has been filed for

                      restoration of CWJC No. 10539 of 2020, which stood dismissed

                      for non-compliance of the peremptory order dated 13.09.2024.

                                   3. Having considered the grounds mentioned in the

                      restoration application, the same is allowed. Accordingly, CWJC

                      No. 10539 of 2020 is directed to be restored to its original

                      number and file, subject to payment of Rs. 1,000/- (Rupees One

                      Thousand) to the bank account of the Patna High Court Bar

                      Association.

                                   4. As such, the present application stands disposed

                      off.


                                                  (Dr. Anshuman, J)
Ashwini/-

U

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