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Patna High Court

Raju PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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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