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Patna High Court

Bihar through the Chief SecretaryversusKrishnanandan Jha

Decided
Disposal
DISPOSED

Holding

The court restored Civil Review No. 246 of 2023 to its original file subject to payment of Rs.1,000 to the Legal Services Committee.

Summary

The State of Bihar, represented by several senior officials, filed a petition seeking restoration of Civil Review No. 246 of 2023, which had been dismissed by a pre‑emptory order on 19 September 2025. The petitioner, Krishnanandan Jha, challenged the dismissal and requested that the review be reinstated. The High Court examined the grounds for restoration, focusing on procedural compliance and the merits of the earlier dismissal. The Court held that the review could be restored provided the petitioner paid a nominal fee of Rs.1,000 to the Patna High Court Legal Services Committee. Consequently, the Court ordered the restoration of Civil Review No. 246 of 2023 to its original file upon payment of the fee.

Issues considered

  • What procedural requirements must be satisfied for a civil review dismissed by a pre‑emptory order to be restored?
  • Whether the imposition of a Rs.1,000 fee to the Legal Services Committee is a valid condition for restoration.

Subjects

  • civil review
  • restoration
  • pre‑emptory order
  • legal services fee
  • high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.200 of 2026
                                                       In
                                       CIVIL REVIEW No.246 of 2023
                 ======================================================
           1.     The State of Bihar through the Chief Secretary Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Under Secretary, General Administration Department, Government of
                 Bihar, Patna.
           4.    The Principal Secretary, Schedule Caste and Schedule Tribe, Welfare
                 Department, Government of Bihar, Patna.
           5.    The Director, Schedule Caste and Schedule Tribe, Welfare Department,
                 Government of Bihar, Patna.
           6.    The Divisional Commissioner, Darbhanga Division, Darbhanga.
           7.    The Chairman, District Selection Committee cum the District Magistrate,
                 Samastipur.
           8.    The District Welfare Officer, Samastipur.
           9.    The Headmaster, Government Ambedkar Residential Girls High School,
                 Harpur Ellauth, Samastipur.

                                                                          ... ... Petitioner/s
                                                   Versus
                 Krishnanandan Jha Son of Late Bateshwar Jha, Resident of Village and P.O.
                 Sheikhpur, P.S.- Ahiyapur, District- Muzaffapur, at present address
                 Sheikhpura, (Sheikhpur), Akhara ghat Sadhu gachhi, Musahri, Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Abhanjali Shekhar (Ac To Ga 12)
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   24-04-2026                    Heard the parties.

                                2. 2. The present application has been preferred for

                   restoration of Civil Review No. 246 of 2023 which was dismissed

                   by the pre-emptory order dated 19.09.2025 passed by this Court.

                                3. For the reasons assigned in Paragraph nos. 6 to 10

                   of the petition, the MJC No. 200 of 2026 is allowed subject to
           Patna High Court MJC No.200 of 2026(4) dt.24-04-2026
                                                       2/2




                     payment of Rs. 1,000/- to Patna High Court Legal Services

                     Committee.

                                  4. Accordingly, Civil Review No. 246 of 2023 is

                     restored to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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