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Patna High Court

Hari Shankar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the dismissed writ petition could not be restored and the petitioner must file a fresh petition.

Summary

Hari Shankar Singh filed a civil writ petition (C.W.J.C. No.10915 of 2015) which was dismissed for default on 09‑09‑2016 because his advocate did not appear. He later applied for restoration of the dismissed petition, claiming he was never informed of the dismissal and that the delay was due to this. The State of Bihar contended that the dismissal occurred in 2016, and more than nine years have elapsed, rendering the petition lapsed; therefore a fresh writ petition should be filed. The Patna High Court accepted the State's submission, finding that the passage of time precludes restoration. Consequently, the restoration application was closed, with liberty granted to the petitioner to file a fresh writ petition for any remaining grievances.

Issues considered

  • Can a writ petition dismissed for default be restored after a lapse of several years without prior notice?

Subjects

  • writ petition
  • restoration
  • default dismissal
  • lapse of time
  • civil writ jurisdiction
  • fresh petition
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1865 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.10915 of 2015
                 ======================================================
                 Hari Shankar Singh S/o Late Raj Kishor Singh resident of village- Asani,
                 Post- Asani, P.S.- Asani, District- Siwan.

                                                                            ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    The District Collector, Gopalganj.
           3.    The Block Development Officer, (Katteya), Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ramanuj Tiwary, Advocate
                 For the Opposite Party/s :    Mr. Prabhat Kumar, AC to GA- 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   06-02-2026                  Heard the learned Advocate for the parties.

                                2. The present application has been filed seeking

                   restoration of C.W.J.C. No.10915 of 2015, which stood

                   dismissed for default on account of non-appearance of the

                   learned Advocate for the petitioner vide order dated 09.09.2016.

                                3. Learned Advocate for the petitioner submitted that

                   since at no point of time the fact regarding dismissal of the writ

                   petition has been communicated and, as such, delay has

                   occurred.

                                4. Learned Advocate for the State submits that the

                   writ petition, bearing C.W.J.C. No.10915 of 2015, came to be

                   dismissed in the year 2016 and now more than nine years have
         Patna High Court MJC No.1865 of 2025(3) dt.06-02-2026
                                                     2/2




                   been lapsed and, as such, the petitioner should file a fresh writ

                   petition bringing on record all the facts and development, which

                   has taken place during the interregnum period.

                                5. This Court finds substance in the submissions of

                   the learned Advocate for the State.

                                6. Accordingly, the present restoration application

                   stands closed with a liberty to the petitioner to file a fresh writ

                   petition for the remaining grievances, which have not been

                   redressed till date.



                                               (Harish Kumar, J)
uday/-

U


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