Patna High Court
Md. Ghufran SabirversusThe State of Bihar through the Chief Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the writ petition should be restored to its original file.
Summary
Md. Ghufran Sabir, a primary school teacher, filed Civil Writ Jurisdiction Case No. 18770 of 2017 against the State of Bihar and several education officials, seeking relief from actions affecting his employment. The petition had been removed from the court's docket, prompting the petitioner to file an application for its restoration. The court examined whether procedural rules permitted the reinstatement of a writ petition that had been previously closed. Relying on the principles of natural justice and the petitioner’s right to be heard, the court found no impediment to restoring the case. Consequently, the application was allowed and the writ petition was restored to its original file for further consideration.
Issues considered
- Whether the writ petition CWJC No. 18770 of 2017 can be restored to the court's file after its removal.
Subjects
- writ petition
- restoration
- civil writ jurisdiction
- high court
- education department
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.23 of 2026
In
Civil Writ Jurisdiction Case No.18770 of 2017
======================================================
Md. Ghufran Sabir Son of Safiruddin, resident of village Bageshwari and P.O.
Gairki, P.S. - Jokihat, District- Araria, presently working as Panchayat
Teacher, Primary School, Gogra North Tola, Anchal- Jokihat, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Government of Bi-
har, Patna.
4. The Deputy Director, Primary Education Incharge Legal Section, Education
Department, Government of Bihar, Patna.
5. The District Magistrate, Araria, District- Araria.
6. The District Education Officer, Araria, District- Araria.
7. The District Programme Officer (Establishment), Araria, District- Araria.
8. The Panchayat Secretary, Gram Panchayat Raj, Gairki Masuriya, Block -
Jokihat, District- Araria.
9. Arshad Jamir, Son of Safruddin @ Dr. Jamil, Resident of village- Bagesh-
wari, P.O.- Gairki, P.S. Jokihat, District- Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam
For the Opposite Party/s : Mr. J.K. Roy, Standing Counsel 13
Mr. U.K. Singh, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the opposite parties-State.
2. For the reasons as stated in the application, this ap-
plication is allowed and the writ petition bearing CWJC No.
18770 of 2017 is restored to its original file.
(Alok Kumar Sinha, J)
kiran/-
U
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