Patna High Court
Meera KumariversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The petition is allowed and the dismissed civil writ case is restored to the original file.
Summary
Meera Kumari filed a Miscellaneous Jurisdiction (MJC) petition seeking restoration of her earlier civil writ case (C.W.J.C. No.5245 of 2020) which had been dismissed for non‑prosecution on 20‑06‑2024. The petitioner explained that she missed the required appearance because of an oversight. The High Court examined whether a dismissal for non‑prosecution could be set aside on the ground of inadvertent non‑appearance. The Court held that the petition was maintainable and ordered the restoration of the dismissed writ case to the original file. A cost of Rs.500 was imposed on the petitioner’s counsel, to be deposited with the Patna High Court Advocates’ Association.
Issues considered
- What is the appropriate remedy when a civil writ case is dismissed for non‑prosecution due to the petitioner’s failure to appear?
Subjects
- civil writ jurisdiction
- restoration of dismissed case
- non‑prosecution
- procedural law
- High Court
- MJC petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2112 of 2024
In
Civil Writ Jurisdiction Case No.5245 of 2020
======================================================
Meera Kumari W/o Dilip Kumar R/o Village- Gadhia Kumar Khand, P.O. and
P.S.- Kumar Khand, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar Government, Patna
2. The Principal Secretary, Department of Education, Bihar Government, Patna
3. The Principal Secretary, Department of Personal and Administrative
Reforms, Govt. of India, Patna
4. The Director, Mass Education, Bihar Government, Patna
5. The District Programme Officer, Literacy, Madhepura -cum- District Adult
Education Officer, Madhepura
6. The District Magistrate, Madhepura
7. The Secretary , Central Adult Education Council Madhepura, District
Magistrae Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Pd. Singh, Adv.
For the Opposite Party/s : Mr.Standing Counsel 28
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 18-02-2026 Learned Counsel for the petitioner and Learned
Counsel for the State are present.
2. The present MJC petition has been filed for
restoration of C.W.J.C. No.5245 of 2020, which was dismissed
due to non-prosecution vide order dated 20.06.2024.
3. Counsel for the petitioner submits that due to
overlook, he could not appear before the Court.
4. In the light of the ground mentioned in the present
Patna High Court MJC No.2112 of 2024(3) dt.18-02-2026
2/2
MJC petition, the present MJC petition is hereby allowed and
C.W.J.C. No.5245 of 2020 is hereby restored to this original file,
subject to cost of Rs.500/- imposed upon the counsel for the
petitioner, which shall be deposited in the account of Patna High
Court Advocates’ Association.
(Dr. Anshuman, J)
Prakashmani/-
U
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