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Patna High Court

Ranvijay Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court rejected the restoration application, finding no merit in granting relief.

Summary

Ranvijay Kumar Singh filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 13318 of 2015, which had been dismissed for lack of prosecution on 20-12-2022. He previously filed another restoration application (MJC No. 81 of 2023) which was also dismissed on 07-02-2025. In the present application (MJC No. 2068 of 2023), counsel submitted that the petitioner had died on 02-11-2025 and therefore requested withdrawal of the application with liberty to file a fresh writ. The writ concerned a direction for the respondents to release land acquired in 1983-84. The Court examined the circumstances and concluded that the restoration application lacked merit. Consequently, the Court rejected the application for restoration.

Issues considered

  • Whether a dismissed writ petition can be restored after the death of the petitioner
  • Whether the Court should grant liberty to file a fresh writ petition in such circumstances

Subjects

  • restoration of writ
  • non-prosecution
  • land acquisition
  • death of petitioner
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2068 of 2023
                                                     In
                               Civil Writ Jurisdiction Case No.13318 of 2015
                 ======================================================
                 Ranvijay Kumar Singh Son of Late Dr. Rameshwar Singh Resident of
                 Mohalla - Brahamapur, Post - M.I.T., Police Station - Brahamapur, District -
                 Muzaffarpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
           2.    The Collector cum District Magistrate, Muzaffarpur.
           3.    The Regional Director, Agriculture Marketing Muzaffarpur.
           4.    The District Land Acquisition Officer, Muzaffarpur.
           5.    The Senior Deputy Collector Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ravi Ranjan
                 For the Opposite Party/s :    Mr. Sarvesh Kumar Singh (Aag 13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   18-03-2026                  This case has been listed under the heading “To be

                   Mentioned” at the instance of the petitioner vide Bench Slip

                   kept at Flag - “X”.

                                2. The petitioner has filed the present application for

                   restoration of CWJC No. 13318 of 2015 which stood dismissed

                   due to non prosecution vide order dated 20.12.2022.

                                3. Earlier, the petitioner had filed another MJC

                   application bearing MJC No. 81 of 2023 for the same relief i.e.

                   for restoration of CWJC No. 13318 of 2015, which too stood

                   dismissed for want of prosecution on 07.02.2025.

                                4. Mr. Ravi Ranjan, learned counsel for the petitioner
           Patna High Court MJC No.2068 of 2023(3) dt.18-03-2026
                                                       2/2




                     submits that during pendency of the present restoration

                     application i.e. M.J.C. No. 2068 of 2023, the petitioner died on

                     02.11.2025, as such, he seeks permission to withdraw the

                     present application with liberty to file fresh writ petition.

                                  5. From perusal of the the writ application i.e. CWJC

                     No. 13318 of 2015, it appears that the petitioner has filed the

                     writ petition for issuance of direction to the respondents

                     authorities to return/release the land of the petitioner which has

                     been acquired in the year 1983-84.

                                  6. Considering the facts and circumstances, I find no

                     merit in the restoration application. Accordingly, the same is

                     rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U


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