Patna High Court
Tarannum Fatima SubhaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
A dismissal for non‑prosecution may be set aside and the writ petition restored upon proper application and payment of the prescribed fee.
Summary
The petitioner, Tarannum Fatima Subhani, filed a writ petition seeking restoration of Civil Writ Jurisdiction Case No. 2764 of 2018, which had been dismissed for non‑prosecution on 18‑09‑2023. The High Court examined whether a dismissal on that ground could be set aside upon a fresh application. Relying on procedural principles, the Court allowed the petition, directing the petitioner to pay a nominal fee of Rs. 500 to the Legal Services Committee. Consequently, the dismissed writ petition was restored to its original file. The order also recorded the payment condition as a prerequisite for restoration.
Issues considered
- Whether a dismissal of a writ petition for non‑prosecution can be set aside upon a fresh application
- Whether the petitioner is required to pay any fee before the restoration of the dismissed petition
Subjects
- civil writ jurisdiction
- restoration of case
- non‑prosecution dismissal
- legal services committee
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.167 of 2024
In
Civil Writ Jurisdiction Case No.2764 of 2018
======================================================
Tarannum Fatima Subhani D/o- Prof. S.M.M. Subhani, R/o- House No. 168/2,
Sector- B, New Azimabad Colony, P.O.- Mahendru, P.S.- Sultanganj, District-
Patna- 800006.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Bihar Public Service Commission, through the Chairman, Patna.
4. The Medical Council of India, through its Secretary, Pocket-14, Sector- 8,
New Delhi.
5. The Director General, (Administrative and ME Wings), Ministry of Health
and Family Welfare, Union of India.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikunj Shekhar, Advocate
For the Opposite Party/s : Mr. Kamlesh Kishore, AC to SC-12
For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 30-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for restoration of the CWJC No. 2764
of 2018 in its original file which has been
dismissed for non prosecution vide order dated
18.09.2023.”
3. For the reasons assigned in paragraph nos. 3 to 6,
MJC No. 167 of 2024 is allowed subject to payment of Rs. 500/-
Patna High Court MJC No.167 of 2024(4) dt.30-01-2026
2/2
to the Patna High Court Legal Services Committee.
4. CWJC No. 2764 of 2018 stands restored to its
original file.
(Rajiv Roy, J)
Adnan/-
U
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