Patna High Court
Sanjay SharmaversusThe State of Bihar through Chief Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The dismissal for non‑prosecution is set aside and the case restored upon payment of Rs.500 to the Legal Services Committee.
Summary
Petitioners Sanjay Sharma and Dablu Sharma filed a petition in the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No.14594 of 2023, which had been dismissed for non‑prosecution on 23 April 2024. The respondents, including the State of Bihar and various local officials, opposed the restoration. The Court examined whether a dismissal for non‑prosecution could be set aside upon compliance with procedural requirements. Justice Rajiv Roy held that the dismissal could be reversed provided the petitioners paid a nominal fee of Rs.500 to the High Court Legal Services Committee. Accordingly, the petition was allowed, the fee was imposed, and the dismissed case was restored to its original file.
Issues considered
- Whether a dismissal of a civil writ case for non‑prosecution can be set aside upon payment of the prescribed fee
Subjects
- restoration of dismissed case
- non‑prosecution
- civil writ jurisdiction
- legal services fee
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2270 of 2024
In
Civil Writ Jurisdiction Case No.14594 of 2023
======================================================
1. Sanjay Sharma S/o Late Tenga Sharma Resident of Village- Adhaura, P.S.-
Adhaura, Distirct- Kaimur at Bhabua.
2. Dablu Sharma Tenga Sharma Resident of Village- Adhaura, P.S.-Adhaura,
Distirct- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Collector Cum District Magistrate, Bhabua Kaimur.
3. The L.R.D.C. Bhabua, District-Kaimur
4. The Circle Officer, Adhaura, District-Kaimur
5. The Circle Inspector, Adhaura, P.S.-Adhaura, District-Kaimur
6. Birendra Sharma S/o Late Abhilakh Sharma Resident of Village- Adhaura,
P.S- Adhaura, District- Kaimur.
7. Upendra Sharma S/o Late Abhilakh Sharma Resident of Village- Adhaura,
P.S- Adhaura, District- Kaimur.
8. Mahendra Sharma S/o Late Abhilakh Sharma Resident of Village- Adhaura,
P.S- Adhaura, District- Kaimur.
9. Satendra Sharma S/o Late Abhilakh Sharma Resident of Village- Adhaura,
P.S- Adhaura, District- Kaimur.
10. Nagendra Sharma S/o Late Abhilakh Sharma Resident of Village- Adhaura,
P.S- Adhaura, District- Kaimur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhanshu Prakash, Advocate
For the Opposite Party/s : Mr. Additional Advocate General -12
======================================================
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.14594 of 2023 which was dismissed
for non-prosecution on 23.04.2024.
3. For the reasons assigned in paragraphs 3 to 4, the
Patna High Court MJC No.2270 of 2024(4) dt.06-02-2026
2/2
MJC No. 2270 of 2024 is allowed subject to payment of
Rs.500/- with the Patna High Court Legal Services Committee.
4. The CWJC No.14594 of 2023 is restored to its
original file.
(Rajiv Roy, J)
Ravi/-
U
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