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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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