Patna High Court
Gopal SinghversusThe State of Bihar, through the Principal Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition dismissed for non‑prosecution was restored to its original file.
Summary
The petitioner, Gopal Singh, filed a petition seeking restoration of his earlier writ petition (CWJC No.12147 of 2022) which had been dismissed for non‑prosecution on 07‑09‑2022. He claimed that neither SMS nor email notice of the hearing was received, preventing his counsel from appearing. The court examined the circumstances and the petitioner’s explanation. Finding the lack of notice a reasonable excuse, the judge deemed it appropriate to reinstate the dismissed writ petition to its original file. Consequently, the restoration petition was allowed.
Issues considered
- What is the appropriate remedy when a writ petition is dismissed for non‑prosecution due to non‑receipt of hearing notice?
Subjects
- restoration of writ
- non‑prosecution dismissal
- service of notice
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2119 of 2022
In
Civil Writ Jurisdiction Case No.12147 of 2022
======================================================
Gopal Singh S/o Late Amavash Singh resident of Village Jadopur, P.S.
Mahuaon (Tiyar), District Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Revenue Department,
Bihar, Patna.
2. The Collector, Bhojpur.
3. The Block Development Officer, Bihiyan, Bhojpur.
4. The Anchal Adhikari, Bihiyan, Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlesh Prasad Yadav, Advocate
For the Opposite Party/s : Mr.Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 25-02-2026 1. The present petition has been filed for restoration of a
writ petition bearing CWJC No.12147 of 2022, which has stood
dismissed on account of non-prosecution by an order dated
07.09.2022.
2. The learned counsel for the petitioner has submitted that
on account of non-receipt of either SMS or email regarding
listing of the aforesaid writ petition on 07.09.2022, the counsel
for the petitioner could not appear in the Court when the case
was called out for hearing, hence the aforesaid writ petition was
dismissed on account of non- prosecution, thus a sympathetic
view be taken and the aforesaid writ petition be restored to its
Patna High Court MJC No.2119 of 2022(3) dt.25-02-2026
2/2
original file.
3. Having regard to the facts and circumstances of the case,
considering the submissions made by the learned counsel for the
petitioner as also considering the averments made in the present
petition, I deem it fit and proper to restore the aforesaid writ
petition bearing CWJC No. 12147 of 2022 to its original file.
4. The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
kanchan/-
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