Patna High Court
Shailendra Kumar RaiversusThe State of Bihar through the Secretary , Revenue and land reforms, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court restored the dismissed civil writ jurisdiction case subject to the petitioner’s payment of Rs. 500 to the Bihar State Legal Services Authority.
Summary
The petitioner, Shailendra Kumar Rai, filed an application under Miscellaneous Jurisdiction Case No. 2355 of 2025 seeking restoration of Civil Writ Jurisdiction Case No. 16201 of 2017, which had been dismissed for default on 5 May 2025. The petition argued that the dismissal was improper and requested that the case be reinstated to its original file. The Court examined the reasons provided in paragraphs 5 and 6 of the petition and considered whether a dismissed writ case could be revived upon compliance with procedural requirements. The Court held that the dismissal could be set aside provided the petitioner paid a nominal fee of Rs. 500 to the Bihar State Legal Services Authority. Accordingly, the Court ordered the restoration of the writ case to its original file subject to the payment, thereby allowing the petitioner's application.
Issues considered
- Whether a civil writ jurisdiction case dismissed for default can be restored upon filing a miscellaneous jurisdiction application
- Whether the payment of a nominal fee to the State Legal Services Authority is a valid condition for restoration
Subjects
- civil writ jurisdiction
- restoration of dismissed case
- default dismissal
- procedural law
- Bihar State Legal Services Authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2355 of 2025
In
Civil Writ Jurisdiction Case No.16201 of 2017
======================================================
Shailendra Kumar Rai Son of Late Surendra Rai, Resident of village- Titara,
P.S.- Mairwa, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary , Revenue and land reforms, Govt.
of Bihar, Patna x
2. The Land Reform Commissioner, Govt. of Bihar, Patna.
3. The District Magistrate, Siwan.
4. The Additional Collector, Siwan.
5. The Circle Officer, Mairwa, District- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Jahan Ara, AC to GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-01-2026 Heard the parties.
2. The present application has been preferred for the
restoration of CWJC No. 16201 of 2017 which has been dismissed
for default for non prosecution on 05.05.2025 by this Court.
3. For the reasons assigned in Paragraph nos. 5 and 6 of
the petition, the MJC No. 2355 of 2025 is allowed subject to payment
of Rs. 500/- to Bihar State Legal Services Authority.
4. Accordingly, the CWJC No. 16201 of 2017 is restored
to its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…