Patna High Court

Shiv Shankar PrasadversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The High Court restored the dismissed civil writ case upon the petitioner’s payment of Rs.500 to the Legal Services Committee.

Summary

Shiv Shankar Prasad filed an application seeking restoration of his civil writ jurisdiction case (CWJC No.15455 of 2017) which had been dismissed for non‑prosecution. The High Court considered whether the dismissed case could be reinstated and what conditions, if any, should be imposed. The Court held that restoration was permissible provided the petitioner paid a nominal fee of Rs.500 to the Patna High Court Legal Services Committee. Accordingly, the miscellaneous jurisdiction application (MJC No.1774 of 2025) was allowed subject to that payment, and the original writ case was restored to its file.

Issues considered

What is the appropriate procedure for restoring a civil writ case dismissed for non‑prosecution?
Can the High Court condition restoration on the payment of a fee to the Legal Services Committee?

Subjects

civil writ jurisdiction
restoration of dismissed case
non‑prosecution
legal services fee
high court jurisdiction

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Jurisdiction Case No.1774 of 2025
                                                          In
                                    Civil Writ Jurisdiction Case No.15455 of 2017
                     ======================================================
                     Shiv Shankar Prasad Son of Sri Dhramdeo Prasad Resident of Village-
                     Bakhatoura, Police Station-Darpa, District-East Champaran, Motihari, Bihar.
                                                                                ... ... Petitioner/s
                                                        Versus
                1.    The State of Bihar.
                2.   The Collector-Cum-District Magistrate, East Champaran at Motihari
                3.   The District Land Acquisition Officer East Champaran, Motihari.
                4.   The District Nodal Officer, Public Grievances and Redressal Unit East
                     Champaran Motihari
                5.    The Circle Officer, Ramgarhawa District East Champaran, Motihari
                                                                         ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Ravi Kant Kumar, Adv.
                     For the Opposite Party/s :     Mr. Additional Advocate General 12
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER

3    09-01-2026                     Heard the parties.

                                    2. The present application has been preferred for

                       restoration of CWJC No. 15455 of 2017 which stood dismissed for

                       non-prosecution vide an order dated 05.05.2025 passed by this Court.

                                    3. For the reasons assigned in Paragraph nos. 4 and 5 of

                       the petition, the MJC No. 1774 of 2025 is allowed subject to payment

                       of Rs. 500/- to Patna High Court Legal Services Committee.

                                    4. Accordingly, the CWJC No. 15455 of 2017 is restored

                       to its original file.


                                                   (Rajiv Roy, J)
Vijay Singh/-

U

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Lawyer court records for this case

Associated through the court’s case reference.

Ravi Kant Kumar