Patna High Court
Mintu PaswanversusThe State of Bihar through the Principal Secretary, Revenue Department
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The petition is allowed subject to payment of Rs.500 to the Patna High Court Legal Services Committee, and the civil writ case is restored to its original file.
Summary
The petitioner, Mintu Paswan, filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 14725 of 2025, which had been dismissed for failure to comply with an order dated 18 September 2025. The petition argued that the dismissal was premature and that the petitioner was willing to comply with the required conditions. The High Court examined whether the non‑compliance justified the dismissal and whether the petitioner could be allowed to restore the case upon payment of a nominal fee. The Court held that the dismissal could be set aside provided the petitioner paid Rs.500 to the Legal Services Committee. Consequently, the petition was allowed, the payment condition was imposed, and the civil writ case was restored to its original file.
Issues considered
- Whether a civil writ case dismissed for non‑compliance with a court order can be restored upon filing a petition
- Whether the imposition of a nominal fee is a valid condition for restoration
Subjects
- restoration of case
- civil writ jurisdiction
- non‑compliance
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.212 of 2026
In
Civil Writ Jurisdiction Case No.14725 of 2025
======================================================
Mintu Paswan Son of Late Laxman Paswan @ Lachhuman Hazari, Resident
of Ward No. 5, Rupahara, P.S.- Sikarganj, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue Department
Bihar, Patna.
2. The Collector, Motihari, East Champaran.
3. The D.C.L.R., Sikarahna, Dhaka, East Champaran.
4. The S.D.O., Sikarahna, Dhaka, East Champaran.
5. The Circle Officer, Chiraiya, East Champaran, Motihari.
6. The S.H.O., Sikarganj, East Champaran, Motihari.
7. Shyam Upadhyay, Son of Late Barma Upadhyay, Resident of Village-
Rupahara, P.S.- Shikarganj, District- East Champaran, Motihari.
8. Gyan Upadhyay, Son of Late Barma Upadhyay, Resident of Village-
Rupahara, P.S.- Shikarganj, District- East Champaran, Motihari.
9. Soni Devi, Wife of Shyam Upadhyay, Resident of Village- Rupahara, P.S.-
Shikarganj, District- East Champaran, Motihari.
10. Baby Devi, Wife of Gyan Upadhyay, Resident of Village- Rupahara, P.S.-
Shikarganj, District- East Champaran, Motihari.
11. Sunaina Devi, Wife of Late Barma Upadhyay, Resident of Village-
Rupahara, P.S.- Shikarganj, District- East Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rashmi Jha, Advocate
For the State : Mr. Government Pleader 26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 25-02-2026 Heard the parties.
2. The present petition has been preferred for the
restoration of CWJC No. 14725 of 225 to its original file which
was dismissed due to non-compliance of the order dated
18.09.2025.
Patna High Court MJC No.212 of 2026(3) dt.25-02-2026
2/2
3. For the reasons assigned in paragraph nos. 3 to 5 of
the petition, MJC No. 212 of 2016 is allowed subject to
payment of Rs.500/- to Patna High Court Legal Services
Committee.
4. Accordingly, CWJC No. 14725 of 2025 is restored
to its original file.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…