Patna High Court
Gayatri DeviversusThe State of Bihar through its Secretary, Registration Excise and Prohibition Department, Patna
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the dismissed writ application may be restored to the original file upon compliance with the earlier peremptory order.
Summary
Petitioner Gayatri Devi filed a civil writ application (CWJC No.21662 of 2018) which was dismissed by the Patna High Court for failure to comply with a peremptory order dated 14 May 2025. She subsequently filed a petition seeking restoration of the dismissed writ application, asserting that the required notices had now been filed. The State of Bihar, represented by its counsel, raised no objection to the restoration. The Court examined whether a writ dismissed for non‑compliance could be reinstated after compliance with the earlier order. Finding no impediment, the Court allowed the restoration, directed the office to issue the pending notices, and ordered that the writ be listed for hearing after four weeks.
Issues considered
- Can a civil writ application dismissed for non‑compliance of a peremptory order be restored upon subsequent compliance?
Subjects
- restoration of writ
- peremptory order
- non‑compliance
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.232 of 2026
In
Civil Writ Jurisdiction Case No.21662 of 2018
======================================================
Gayatri Devi W/o Arjun Singh R/o Village- Shyampur, P.O.- Haujpura, P.S.-
Vaishali, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Registration Excise and Prohibition
Department, Patna Bihar.
2. The Collector, Vaishali.
3. The Sub Registrar, Lalganj, Vaishali.
4. Nand Lal Rai, S/o Late Dwarika Rai, Resident of Village- Shyampur, P.S.-
Hanjpura, P.S.- Vaishali, Dist- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Rina Sinha, Adv.
For the Opposite Party/s : Mr.Standing Counsel-11
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-05-2026 Learned counsel for the petitioner and learned counsel
for opposite party State are present.
2. The writ application bearing CWJC No.21662 of
2018 was dismissed for non-compliance of peremptory order
dated 14.05.2025.
3. This application has been filed for restoration of the
writ application for the reasons as stated in the application.
4. Learned counsel appearing for respondent-State has
no objection to the restoration of the CWJC No.21662 of 2018
to its original file.
5. For the reasons as stated in this application, this
Patna High Court MJC No.232 of 2026(3) dt.01-05-2026
2/2
application is allowed and CWJC No.21662 of 2018 is directed
to be restored to its original file.
6. Since the notices have already been filed by the
petitioner in compliance of order dated 14.05.2025, therefore,
office is directed to proceed with the issuance of the same.
7. Put up the writ application after four weeks.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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