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Patna High Court

Ashok Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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