Patna High Court
Ganpat Lal DasversusThe State of Bihar, Through The Secretary Land Reform Department, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court restored the dismissed civil writ case to its original file upon payment of the stipulated fee.
Summary
The petitioners, Ganpat Lal Das and others, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 11478 of 2017, which had been dismissed for default because no representative appeared. The High Court examined the reasons provided in the petition and considered whether the dismissal could be set aside. The Court held that the petition was maintainable and ordered the restoration of the dismissed case, subject to the petitioners paying a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the original case file was reinstated to its original docket. The order was pronounced by Justice Rajiv Roy on 13 February 2026.
Issues considered
- Whether a civil writ case dismissed for default can be restored upon filing an application and payment of a prescribed fee
Subjects
- restoration of dismissed case
- default judgment
- civil writ jurisdiction
- legal services fee
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2067 of 2025
In
Civil Writ Jurisdiction Case No.11478 of 2017
======================================================
1. Ganpat Lal Das Son of Late Girwar Narain Das Resident of Village-Pilwaha
P.S. Jadia, District-Supaul.
2. Indra Bhushan Lal Das Son of Late Girwar Narain Das Resident of Village-
Pilwaha P.S. Jadia, District-Supaul.
3. Chandra Bhushan Lal Das Son of Late Girwar Narain Das Resident of
Village-Pilwaha P.S. Jadia, District-Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar, Through The Secretary Land Reform Department, Govt.
of Bihar, Patna Bihar
2. The Commissioner, Kosi, Division, Saharsa.
3. The DCLR, Triveniganj, Supaul.
4. Manji Lal Yadav Son of Late Anup Yadav Resident of Village Pilwaha, P.S.-
Jadia, District-Supaul.
5. Sampat Prasad Yadav S/o Late Anant Yadav Resident of Village Pilwaha,
P.S.-Jadia, District-Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Government Pleader 14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 13-02-2026 Heard the parties.
2. The present application has been preferred for
restoration of CWJC No. 11478 of 2017 which was dismissed for
default as no one appeared on behalf of the petitioner vide an order
dated 22.04.2025 passed by this Court.
3. For the reasons assigned in Paragraph nos. 3 to 5 of
the petition, the MJC No. 2067 of 2025 is allowed subject to
payment of Rs. 500/- to Patna High Court Legal Services
Patna High Court MJC No.2067 of 2025(5) dt.13-02-2026
2/2
Committee.
4. Accordingly, the CWJC No. 11478 of 2017 is
restored to its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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