Patna High Court
Munna TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is allowed and the order dated 16 April 2025 in CWJC No. 7902 of 2017 is restored, subject to payment of Rs. 500 to the Legal Services Committee.
Summary
A group of petitioners, all members of the Tiwari family from West Champaran, filed a miscellaneous jurisdiction petition seeking restoration of an order dated 16 April 2025 that had been passed in Civil Writ Jurisdiction Case No. 7902 of 2017. The opposite parties included the State of Bihar, several senior government officials, and one individual respondent. The High Court examined the reasons set out in paragraphs 5 and 6 of the petition (not reproduced) and determined that the petition merited relief. The Court allowed the petition, directing the petitioners to pay a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the earlier order from 16 April 2025 in CWJC No. 7902 of 2017 was restored to its original file.
Issues considered
- Whether the order dated 16 April 2025 passed in CWJC No. 7902 of 2017 can be restored upon the petitioner's application?
Subjects
- restoration of order
- civil writ jurisdiction
- high court petition
- legal services fee
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1820 of 2025
In
Civil Writ Jurisdiction Case No.7902 of 2017
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1. Munna Tiwari Son of Late Nawratn Prasad Tiwari, Grand Son of Late
Shyama Tiwari, Resident of village - Kurwa Mathia Tola Bakuchiya, P.O. -
Kumar Bagh Via Chuhri Anchal, P.S. - Chanpatiya, District - West
Champaran.
2. Chuna Tiwari, Son of Late Nawratan Prasad Tiwari, Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
3. Umesh Prasad Tiwari, Son of Nandu Prasad, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
4. Most. Ketki Kuar, Wife of Late Chandeshwar Prasad Tiwari, Resident of
village - Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri
Anchal, P.S. - Chanpatiya, District - West Champaran.
5. Most. Janak Dulari, Widow of Sudish Prasad Tiwari, Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
6. Dinesh Tiwari, Son of Late Nandu Tiwari, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
7. Manju Devi, Widow of Late Ramesh Tiwari, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
8. Munindar @ Murendar Tiwary, Son of Late Parash Prasad Tiwari, Resident
of village - Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri
Anchal, P.S. - Chanpatiya, District - West Champaran.
9. Nagendar Tiwary, Son of Late Parash Prasad Tiwari, Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
10. Satruhan Tiwari, Son of Late Chandra Kishore Tiwary Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
11. Triyogi Tiwari, Son of Late Chandra Kishore Tiwary Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
12. Most. Nitu, Widow of Late Chandra Kishore Tiwary, Resident of village -
Kurwa Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
13. Munna Tiwari, Son of Awadh Prasad Tiwari, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
14. Pankaj Tiwari, Son of Awadh Prasad Tiwari, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
Patna High Court MJC No.1820 of 2025(4) dt.09-01-2026
2/2
15. Surendra Tiwari, Son of Late Parash Tiwary, Resident of village - Kurwa
Mathia Tola Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S. -
Chanpatiya, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Chief Secretary, Government of Bihar.
3. The Secretary, Government of Bihar.
4. The Collector, West Champaran, Bettiah.
5. The Additional Collector, West Champaran, Bettiah.
6. Suresh Prasad Tiwary Son of Late Madan Prasad Tiwary and Grand Son of
Late Thakur Prasad Tiwari, Resident of village- Kurwa Mathia Tola
Bakuchiya, P.O. - Kumar Bagh Via Chuhri Anchal, P.S.- Chanpatiya, District
- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh, Adv.
For the Opposite Party/s : Mr.Standing Counsel 19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-01-2026 Heard the parties.
2. The present application has been preferred for
restoration of order dated 16.04.2025 passed in CWJC No. 7902 of
2017 by this Court.
3. For the reasons assigned in Paragraph nos. 5 and 6 of
the petition, the MJC No. 1820 of 2025 is allowed subject to payment
of Rs. 500/- to Patna High Court Legal Services Committee.
4. Accordingly, the CWJC No. 7902 of 2017 is restored to
its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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