Patna High Court
Raju PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition dismissed for want of prosecution was restored to its original file.
Summary
The petitioner, Raju Kumar Prasad, filed a petition seeking restoration of his earlier writ petition (C.W.J.C. No. 8441 of 2018) which had been dismissed for want of prosecution on 08.08.2022. He contended that his counsel fell ill and was unable to attend the hearing on that date, thereby justifying a sympathetic consideration. The court examined the circumstances and the petitioner's submission regarding the counsel's sudden illness. Finding the explanation satisfactory, the court directed that the dismissed writ petition be restored to its original file. Consequently, the petition for restoration was allowed.
Issues considered
- Whether a writ petition dismissed for want of prosecution can be restored on the ground of counsel's illness preventing attendance at the hearing
Subjects
- writ petition
- restoration
- want of prosecution
- counsel illness
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1715 of 2022
In
Civil Writ Jurisdiction Case No.8441 of 2018
======================================================
Raju Kumar Prasad S/o Late Lallan Prasad, Resident of Village- Nani, P.S.
Chapra Mufassil, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate (D.M.) Chapra.
2. The Superintendent of Police (S.P), District- Chapra.
3. The Sub-Divisional Officer, (S.D.O.) District- Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Pawan Kumar (AC to AG)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 06-02-2026 The present petition has been filed for
restoration of a writ petition bearing C.W.J.C. No.
8441 of 2018, which has stood dismissed for want
of prosecution vide order dated 08.08.2022.
2. The learned counsel for the petitioner has
submitted that the counsel for the petitioner had
fallen ill suddenly, hence the said counsel could
not attend the hearing of the case, when the case
was called out for hearing on 08.08.2022, thus, a
sympathetic view be taken and the aforesaid
petition be restored to its original file.
3. Having regard to the facts and circumstances
Patna High Court MJC No.1715 of 2022(3) dt.06-02-2026
2/2
of the case, considering the submissions made by
the learned counsel for the petitioner as also
taking into account the averments made in the
present petition, I deem it fit and appropriate to
direct for restoration of the aforesaid writ petition
bearing C.W.J.C. No. 8441 of 2018 to its original
file.
4. The present petition stands allowed.
(Mohit Kumar Shah, J)
S.Sb/-
U
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