Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petition for restoration is allowed and the dismissed writ case is restored to its original file.
Summary
The petitioner, Gautam Kumar, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No.84 of 2025, which had been dismissed on 04 March 2025 for failure to comply with the court’s order. The petitioner contended that the reasons for non‑compliance warranted reinstating the proceedings. The Court considered whether a dismissed writ petition could be revived despite the procedural lapse. Finding the petitioner’s explanation satisfactory, the Court allowed the restoration and ordered the case to be placed back in its original file. The restoration petition was thereafter disposed, and the Court granted the petitioner two weeks to comply with the original order.
Issues considered
- Whether a civil writ petition dismissed for non‑compliance can be restored
- Whether the petitioner’s reasons for non‑compliance justify reinstatement of the case
Subjects
- restoration of suit
- civil writ jurisdiction
- non‑compliance
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2057 of 2025
In
Civil Writ Jurisdiction Case No.84 of 2025
======================================================
Gautam Kumar ... ... Petitioner/s
Versus
The State of Bihar & Ors. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Ranjan, Advocate
For the Opposite Party/s : Mr. Sudhanshu Shekhar, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-01-2026 Heard Mr. Rajnish Ranjan, learned counsel for the
petitioner and Mr. Sudhanshu Shekhar, learned APP for the State.
2. This application has been filed for restoration of
C.W.J.C No.84 of 2025 which stood dismissed for non-
compliance order dated 04.03.2025.
3. For the reason stated in the restoration petition, the
prayer for restoration is allowed and C.W.J.C No.84 of 2025 is
restored to its original file.
4. Accordingly, the present restoration petition stands
disposed of.
5. Further two weeks’ time is granted to learned counsel
for the petitioner to comply the order dated 04.03.2025 in C.W.J.C
No.84 of 2025.
(Rajesh Kumar Verma, J)
Suruchi/-
U
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