Patna High Court
Ashok Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RITESH KUMAR
Holding
The court restored the writ petition and granted an additional two‑week period for the petitioners to cure the defect.
Summary
Ashok Kumar Sharma and Prabhat Kumar filed a civil writ petition (C.W.J.C. No.22215 of 2019) against the State of Bihar and several officials, seeking relief. The petition was ordered on 15 November 2019 to be rectified within two weeks for a defect identified by the Stamp Reporter. The petitioners failed to comply within the stipulated period and filed a restoration application on 31 March 2026. The High Court examined whether the writ could be restored despite the default and considered the need for a further time extension. The Court restored the writ to its original file, extended the compliance period by an additional two weeks from the date of the order, and allowed the restoration application.
Issues considered
- Whether a civil writ petition dismissed for non‑compliance with a peremptory order can be restored.
- Whether the court may extend the time for removal of the defect beyond the original deadline.
Subjects
- restoration of writ
- peremptory order
- stamp duty defect
- civil writ jurisdiction
- high court procedure
- time extension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2117 of 2024
In
Civil Writ Jurisdiction Case No.22215 of 2019
======================================================
1. Ashok Kumar Sharma S/o - Umakant Sharma R/o -Vill- Bishwaspur, P.O.-
Chiraiya, P.S.- Amarpur, District- Banka.
2. Prabhat Kumar, S/o - Late Beni Mahadev Prasad, R/o- Vill- Rupwara, P.O.-
Bisundatpur, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The Principal Secretary, Science and Technology Department, Bihar, Patna.
4. The Director, Science and Technology, Bihar, Patna.
5. The Principal, Muzaffarpur Institute of Technology, Muzzafarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. G.A.5
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
5 31-03-2026 Heard the learned counsel for the parties.
2. The present restoration application has been filed
for non-compliance of peremptory order dated 15.11.2019,
passed in C.W.J.C. No.22215 of 2019, whereby the petitioner
was granted two weeks’ time to remove the defect, pointed out
by the Stamp Reporter.
3. For the reasons stated in paragraph no.3 of the
present application, let C.W.J.C. No.22215 of 2019 be restored
to its original file.
Patna High Court MJC No.2117 of 2024(5) dt.31-03-2026
2/2
4. The time granted vide order dated 15.11.2019 is
extended for a further period of two weeks from today.
5. The present restoration application is allowed.
(Ritesh Kumar, J.)
Sanjay/-
U
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