Patna High Court
Shakuntala DeviversusThe State of Bihar through the Principal Secretary, Education Department
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court restored M.J.C. No.44 of 2022 to its original file, subject to the petitioner curing the identified defects within two weeks.
Summary
Shakuntala Devi filed an application seeking restoration of M.J.C. No.44 of 2022, which had been dismissed for failure to comply with a peremptory order dated 10 July 2025. The High Court examined whether the petitioner's request to revive the dismissed case could be entertained despite the earlier non‑compliance. Relying on its inherent powers to restore proceedings when procedural defects can be remedied, the Court held that restoration was permissible. The Court ordered that the case be reinstated to its original file, conditional upon the petitioner correcting the defects identified by the Stamp Reporter within two weeks. The order thus restores the litigant’s right to pursue the matter while ensuring compliance with procedural requirements.
Issues considered
- What is the scope of the High Court's discretion to restore a case dismissed for non‑compliance with a peremptory order?
Subjects
- restoration of dismissed case
- peremptory order
- procedural defects
- high court discretion
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.234 of 2026
In
Civil Writ Jurisdiction Case No.2253 of 2018
======================================================
Shakuntala Devi W/o Late Ashok Kumar Singh, resident of village- Matihani,
P.S.- Matihani, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department
Government of Bihar, Patna.
2. Sri Sanjay Kumar, presently posted as Principal Secretary, Education
Departmnet, Government of Bihar, Patna.
3. Dr. (Prof.) Rekha Kumari, presently posted as the Director, Higher
Education Department, Govt. of Bihar, Patna.
4. Dr. (Prof.) Surendra Pratap Singh, Presently posted as Vice- Chancellor,
L.N. Mithila University, Darbhanga.
5. Dr. Mustaque Ahmed, presently posted as Registrar, L.N. Mithila University,
Darbhanga.
6. Sri Syed Fazle Rahman, presently posted as Finance Officer, L.N. Mithila
University, Darbhanga.
7. Dr. Bimal Kumar, presently posted as Principal, S.K. Mahila College,
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh
For the Opposite Party/s : Mr. Government Pleader 20
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 11-03-2026 1. Heard learned counsel for the parties concerned.
2. The present application has been filed for restoration of
M.J.C. No. 44 of 2022, which got dismissed due to non-
compliance of the peremptory order, dated 10.07.2025.
3. For the reasons stated in this application, the same is
allowed and the connected case, bearing M.J.C. No. 44 of
2022, is restored to its original file, subject to the
Patna High Court MJC No.234 of 2026(3) dt.11-03-2026
2/2
condition that the petitioner shall remove the defects, as
pointed out by the Stamp Reporter, if not already
removed, within a period of two weeks.
(Anil Kumar Sinha, J)
Siwani/-
U
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