Patna High Court
Bishunudeo Prasad Yadav @ Bishundeo Yadav @ Bishnudeo MahtoversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court restored the dismissed Civil Writ Jurisdiction Case No.3217 of 2024 to its original file.
Summary
Petitioners Bishunudeo Prasad Yadav and Doman Yadav filed a petition seeking restoration of Civil Writ Jurisdiction Case No.3217 of 2024, which had been dismissed for failure to comply with an order dated 06‑09‑2024. The High Court examined whether the dismissal for non‑compliance warranted setting aside and considered the propriety of reinstating the writ petition. Relying on its earlier reasoning (paragraphs 3‑6 of the order), the Court concluded that the dismissal was not justified and that the writ case should be revived. Consequently, the Miscellaneous Jurisdiction Case No.2157 of 2025 was allowed, and the dismissed civil writ case was restored to its original file. The order effectively reinstates the petitioners’ original relief.
Issues considered
- Whether a civil writ case dismissed for non‑compliance with a prior order can be restored
- Whether the High Court has jurisdiction to set aside the dismissal and reinstate the case
Subjects
- civil writ
- restoration
- non‑compliance
- high court
- miscellaneous jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2157 of 2025
In
Civil Writ Jurisdiction Case No.3217 of 2024
======================================================
1. Bishunudeo Prasad Yadav @ Bishundeo Yadav @ Bishnudeo Mahto Son of
Late Shree Lal Mahto, Resident of Village- Siraiya P.S.- Sahebpur Kamal,
District - Begusarai.
2. Doman Yadav @ Doman Mahto Son of Late Shree Lal Mahto, Resident of
Village -Siraiya P.S.- Sahebpur Kamal, District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chairman Bihar State Board of Religious Trust Board Vidyapati Marg,
Patna.
3. The Bihar State Board of Religious Trust Vidyapati Marg, Patna through its
Superintendent.
4. The Administrator-cum-Special Officer Bihar State Board of Religious Trust
Vidyapati Marg, Patna.
5. The Superintendent Bihar State Board of Religious Trust Vidyapati Marg,
Patna.
6. The Collector, Begusarai.
7. The Sub-Divisional Magistrate Balia, Begusarai.
8. The Circle Officer Sahebpur Kamal Block, Police Station Sahebpur Kamal,
District-Begusarai.
9. Harbansh Mahto Resident of Village-Siraiya, P.S. Sahebpur Kamal, District
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, AC to GP-04
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 06-02-2026 Heard the parties.
2. The present petition has been preferred for
restoration of CWJC No.3217 of 2024 which was dismissed
for non-compliance of the order dated 06.09.2024.
Patna High Court MJC No.2157 of 2025(4) dt.06-02-2026
2/2
3. For the reasons assigned in paragraphs 3 to 6, the
MJC No. 2157 of 2025 is allowed.
4. The CWJC No.3217 of 2024 is restored to its
original file.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…