Patna High Court

Arvind KumarversusThe State of Bihar through the Additional Chief Secretary, Department of Education

Decided: 24 April 2026
Disposal: ALLOWED
Bench: PURNENDU SINGH

Holding

The Court held that the dismissed civil writ case should be restored to its original file.

Summary

Arvind Kumar filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 15045 of 2021, which had been dismissed for non‑prosecution on 4 July 2025. The petitioner submitted a restoration application supported by an affidavit, arguing that the dismissal was not warranted. The learned counsel for the petitioner and the Additional Chief Secretary for the State of Bihar appeared before the Patna High Court. The Court examined the information and pleadings filed with the restoration application. Finding no substantive impediment, the Court ordered that the dismissed case be restored to its original file. Consequently, the restoration application was allowed.

Issues considered

Whether a civil writ case dismissed for non‑prosecution can be restored under the procedural law.

Subjects

restoration of suit
non‑prosecution
civil writ jurisdiction
High Court order
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2411 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.15045 of 2021
                 ======================================================
                 Arvind Kumar Son of Saryug Singh, Resident of Ward No. 22, Indupur,
                 Barahiya, P.S- Barahiya, District- Lakhi Sarai.

                                                                                ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education Government of Bihar, Patna.
           2.    The Director, Primary Education, Bihar, Patna.
           3.    The Deputy Director, Regional Education, Darbhanga Division, Darbhanga-
                 cum-Enquiry Officer.
           4.    The District Programme Officer (Estab), Samastipur-cum-Presenting
                 Officer.
           5.    The District Programme Officer, Primary Education and Sarva Siksha
                 Abhiyaan, Samastipur.
           6.    The District Education Officer, Samastipur.
           7.    The Block Education Officer, Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yogesh Kumar, Advocate
                 For the Opposite Party/s :       AC to Government Pleader 20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   24-04-2026                                Heard Mr. Yogesh Kumar, learned counsel

                   appearing on behalf of the petitioner and learned AC to GP-20

                   for the State.

                                2. The petitioner seeks restoration of CWJC No.

                   15045 of 2021 which stood dismissed for non prosecution vide

                   order dated 04.07.2025.

                                3. In view of the information and pleadings made in

                   the restoration application and the affidavit, the CWJC No.
          Patna High Court MJC No.2411 of 2025(3) dt.24-04-2026
                                                      2/2




                    15045 of 2021 is restored to its original file.

                                 4. The restoration application stands allowed.



                                              (Purnendu Singh, J)
Niraj/-

U

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