Patna High Court

Gajadhar Lal PathakversusThe Bihar State Hindu Religious Trust Board

Decided: 11 March 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

The Court held that the pre‑emptory dismissal of CWJC No. 6255 of 2022 was not justified and ordered the case to be restored.

Summary

Gajadhar Lal Pathak, Secretary of Shree Vishnupad Prabandkarni Samiti, filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 6255 of 2022, which had been dismissed by a pre‑emptory order on 19 September 2024. The petitioner contended that the dismissal was improper and that the case should be reinstated to its original file. The High Court examined whether the pre‑emptory dismissal complied with procedural requirements and the principles of natural justice. Relying on its reasoning (as set out in paragraphs 6 and 7 of the order), the Court found the dismissal to be unwarranted. Consequently, the petition was allowed and the earlier case was restored to its original file.

Issues considered

Whether the pre‑emptory order dismissing CWJC No. 6255 of 2022 was valid under law
Whether the petitioner is entitled to have the dismissed case restored to its original file

Subjects

civil writ jurisdiction
pre‑emptory dismissal
restoration of case
high court
petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2296 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.6255 of 2022
                 ======================================================
                 Gajadhar Lal Pathak Son of Madan Lal Pathak, Secretary of Shree Vishnupad
                 Prabandkarni Samiti, resident of Kharkatta Uperdih, P.O. Chand Chaura,
                 Gaya, Dist. Gaya, PIN- 823001.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The Bihar State Hindu Religious Trust Board through its Chairman.
           2.    The Chairman, Bihar State Hindu Religious Trust Board.
           3.    The District Magistrate, Gaya.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Prava Shankar Mishra, Advocate
                 For the Opposite Party/s :     Dr. Md. Raisul Haque, SC-10
                 For the respondents      :     Mr. Ganpati Trivedi, Sr. Advocate
                                                Mr. Ritik Shah, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for restoration of CWJC No. 6255 of

                                    2022 to its original file which stood dismissed vide

                                    pre-emptory order dated 19.09.2024.”

                                3. For the reasons assigned in paragraph nos. 6 and 7,

                   MJC No. 2296 of 2025 is allowed.

                                4. CWJC No. 6255 of 2022 stands restored to its

                   original file.



                                               (Rajiv Roy, J)
Adnan/-

U

Continue reading with your account

Checking your session…