Patna High Court
Khushbu KumariversusThe State of Bihar through the Secretary, Social Welfare Department, Government of Bihar, Patna
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The court held that the restoration petition is allowed and the writ case is restored to its original file with an extended two‑week period for compliance.
Summary
Petitioner Khushbu Kumari filed a restoration petition seeking to revive Civil Writ Jurisdiction Case No. 8750 of 2022, which had been dismissed for failure to comply with a peremptory order dated 11‑08‑2022 that gave two weeks to cure defects. The petitioner argued that there were sufficient reasons to merit restoration despite missing the deadline. The High Court examined the reasons presented and exercised its inherent power to restore the dismissed writ. The court allowed the restoration petition, reinstated the writ case to its original file, and extended the time for compliance by an additional two weeks from the date of the order. Consequently, the petitioner was granted the opportunity to rectify the procedural defects within the newly allotted period.
Issues considered
- Whether a civil writ jurisdiction case dismissed for non‑compliance with a peremptory order can be restored on a restoration petition
- Whether the court may extend the time for compliance beyond the original deadline
Subjects
- restoration of writ
- civil writ jurisdiction
- procedural compliance
- peremptory order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1791 of 2024
In
Civil Writ Jurisdiction Case No.8750 of 2022
======================================================
Khushbu Kumari Wife of Mukesh Kumar Resident of Village- Katar, Post
Office- Hasan Bazar Police Station- Piro, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Social Welfare Department,
Government of Bihar, Patna Patna.
2. The Secretary, Social Welfare Department, Government of Bihar, Patna.
3. The District Magistrate, Bhojpur, Ara.
4. The District Programme Officer (CDS), Bhojpur, Ara.
5. Child Development Project Officer, Piro, Bhojpur.
6. The Lady Supervisor, Piro, Bhojpur.
7. Sakila Praveen, Wife of Md. Shamsad Ansari, Resident of Village- Katar,
Post Office- Hasan Bazar, Police Station- Piro, District- Bhojpur.
8. Chandani Kumari, Wife of Anish Kumar, Resident of Village- Katar, Post
Office- Hasan Bazar, Police Station- Piro, District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dharmendra Kumar Singh, Advocate
For the State : Mr. Sunil Kumar Mandal, S.C.3
Ms. Neelam Kumari, A.C. to S.C.3
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 10-04-2026 Heard the learned counsel for the parties.
2. The present restoration petition has been filed for
restoration of C.W.J.C. No.8750 of 2022, which has been
dismissed for non-compliance of peremptory order dated
11.08.2022, passed by a learned Co-ordinate Bench of this
Court, whereby two weeks’ time was allowed to the learned
counsel for the petitioner for removal of the defects, failing
Patna High Court MJC No.1791 of 2024(4) dt.10-04-2026
2/2
which the application was directed to be rejected without further
reference to the Bench.
3. For the reasons stated in the present restoration
petition, the same is allowed and C.W.J.C. No.8750 of 2022 is
restored to its original file. The time granted vide order dated
11.08.2022, is extended for a further period of two weeks from
today.
(Ritesh Kumar, J.)
Sanjay/-
U
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