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Patna High Court

Sanjay Kumar GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court restored the dismissed writ petition to its original file and allowed the petition.

Summary

The petitioners, two assistant teachers, filed a writ petition (CWJC No.12419 of 2012) challenging actions of the State of Bihar and various officials. The writ petition was dismissed for default on 25 April 2013 because the petitioners failed to comply with an order dated 15 April 2013. The petitioners subsequently filed an application on 27 February 2026 seeking restoration of the dismissed writ petition. The High Court examined whether a writ dismissed for default could be reinstated upon a fresh application. Relying on procedural law, the Court held that the petition could be restored to its original file and granted the petitioners two weeks to comply with the earlier order. The application was allowed, and the petition was restored.

Issues considered

  • Whether a writ petition dismissed for default can be restored upon a fresh application

Subjects

  • restoration of writ
  • default dismissal
  • civil writ jurisdiction
  • high court
  • compliance order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2068 of 2019
                                                       In
                               Civil Writ Jurisdiction Case No.12419 of 2012
                 ======================================================
           1.     Sanjay Kumar Gupta Son of Sri Sitaram Prasad Assistant Teacher, Balika
                  High School, Jhajha, P.O. and P.S. Jhajha, Distt.- Jamui
           2.    Diwakar Kumar Sri Brahamdeo Singh, Assistant Teacher, M.G.S. Hoga
                 School, Jhajha, P.S.- Jhajha, District,- Jamui.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.    The Member, District Teacher Appointment and Appellate Tribunal,Jamui.
           3.    The Director, Secondary Education, Human Resources Development
                 Department, Govt. of Bihar, Patna.
           4.    The Deputy Development Officer, Jamui.
           5.    The District Programme Officer, Jamui.
           6.    The Sub-Divisional Education Officer, Jamui.
           7.    The Executive Officer, Nagar Panchayat, Jamui.
           8.    The Block Development Officer, Jamui.
           9.    Rabindra Kumar Son of Jamuna Rai R/O- vill- Ganjpar, P.O. and P.S. -
                 Athmal Gola, District - Patna.
           10. Ranjeet Kumar, S/o- Rajendra Rabidas R/O- Vill- Barabandh, P.O.-
               Chandrashailee, P.S.- Khaira, District- Jamui.
           11. Manoj Kumar S/O- Lakhan Harijan, R/o- Mahisauri chak, Ward No. - 14,
               P.S. and District- Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Mukesh Kumar Singh, Adv.
                 For the Opposite Party/s :   Mr. Ram Vinay Pd. Singh, AC to GAXII
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   27-02-2026                  The present application has been filed for restoration

                   of CWJC No. 12419 of 2012, which stood dismissed for default

                   on 25.04.2013 for non-compliance of the order dated

                   15.04.2013.
          Patna High Court MJC No.2068 of 2019(3) dt.27-02-2026
                                                      2/2




                                 2. For the reasons mentioned in Para-3 of the instant

                    restoration application, CWJC No. 12419 of 2012 is restored to

                    its original file and two weeks further time is granted to the

                    petitioners to comply the aforesaid order dated 15.04.2013.

                                 3. The petition stands allowed.



                                                                     (Ajit Kumar, J)
rishi/-

U


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