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Patna High Court

Sanjay SharmaversusThe State of Bihar through Chief Secretary,

Decided
Disposal
ALLOWED

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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