Patna High Court
Lalji PrasadversusThe State of Bihar through its Additional Secretary-cum-Principal Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court held that the writ petition dismissed for non‑prosecution should be restored to its original file.
Summary
The petitioner, Lalji Prasad, filed a petition seeking restoration of a writ petition (CWJC No. 4 of 2025) that had been dismissed for non‑prosecution on 15 January 2025. The petitioner’s counsel fell ill suddenly and was unable to appear at the hearing, leading to the dismissal. The petitioner argued that the counsel’s illness warranted a sympathetic consideration and restoration of the writ petition. The Court examined the submission and found no procedural impropriety, concluding that it was appropriate to reinstate the dismissed petition. Accordingly, the Court ordered that the writ petition be restored to its original file and allowed the restoration petition.
Issues considered
- Whether a writ petition dismissed for non‑prosecution can be restored on the ground of counsel's illness preventing appearance at the hearing
Subjects
- writ petition
- restoration
- non‑prosecution
- court procedure
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2308 of 2025
In
Civil Writ Jurisdiction Case No.4 of 2025
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Lalji Prasad Son of Late Kasturi Lal, Resident of Mohalla- Ramna Road, P.S-
Civil Lines, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Secretary-cum-Principal Secretary,
Urban Development an Housing Department, Bihar, Patna.
2. Additional Chief Secretary-cum-Principal Secretary, Urban Development
Department, Bihar, Patna.
3. Joint Secretary, Urban Development and Housing Department, Bihar, Patna.
4. The Commissioner, Magadh Division, Gaya.
5. The District Magistrate, Gaya.
6. The Gaya Municipal Corporation, Gaya, through its Municipal
Commissioner, Gaya.
7. The Municipal Commissioner, Gaya Municipal Corporation, Gaya.
8. The Account Officer, Gaya Municipal Corporation, Gaya.
9. The DGP, Vigilance, Bihar, Patna.
10. M/s Magadh Tuwell Engineering Works, through its Proprietor Rajendra
Prasad, Son of not Known Resident of C/o Magadh Cold Storage, Kujapi,
P.S- Chandauti, District- Gaya.
11. M/s Prakash Traders, through its Proprietor Jai Prakash Sinha Son of not
known Resident of Mohalla- Ghugritand, P.S- Vishnupad, District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Ranjan, Adv.
For the Opposite Party/s : Mr.Standing Counsel 28
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 03-04-2026 The present petition has been filed for restoration of a
writ petition bearing CWJC No. 4 of 2025, which has stood
dismissed on account of non-prosecution, by an order dated
15.1.2025.
2. The learned counsel for the petitioner has submitted that
Patna High Court MJC No.2308 of 2025(4) dt.03-04-2026
2/2
the counsel for the petitioner had fallen ill suddenly and
therefore, he could not attend the hearing of the case, when the
case was called out for hearing on 15.1.2025, thus, a
sympathetic view be taken and the aforesaid writ petition
petition be restored to its original file.
3. Having regard to the submission made by the learned
counsel for the petitioner as also considering the averments
made in the present petition, I deem it fit and proper to restore
the aforesaid writ petition bearing CWJC No. 4 of 2025 to its
original file.
4. The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
Ajay/-
U
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