Patna High Court

Teni PatelversusThe State of Bihar through the Collector-cum-District Magistrate

Decided: 6 February 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

A dismissed civil writ case may be restored if the petitioner complies with the Court’s condition of paying Rs.500 to the Legal Services Committee.

Summary

Petitioner Teni Patel filed a petition under the High Court's miscellaneous jurisdiction seeking restoration of Civil Writ Jurisdiction Case No.5793 of 2025, which had been dismissed for non‑prosecution on 22‑04‑2025. The respondents were the State of Bihar and its officials. The Court examined whether a dismissed case could be revived upon payment of a nominal fee to the Legal Services Committee. It held that the petition could be entertained if the petitioner complied with the payment requirement. Accordingly, the Miscellaneous Jurisdiction Case was allowed subject to a payment of Rs.500, and the civil writ case was restored to its original file.

Issues considered

Can a civil writ case dismissed for non‑prosecution be restored upon filing a petition under miscellaneous jurisdiction?
Is payment of a nominal fee to the High Court Legal Services Committee a condition for restoration of the dismissed case?

Subjects

restoration of dismissed case
non‑prosecution
civil writ jurisdiction
legal services fee
high court jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2431 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.5793 of 2025
                  ======================================================
                  Teni Patel Son of Sri Dhanraj Patel, resident of village- Sihpur, Anchal and
                  P.S.- Mainatand, District- West Champaran.                ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Collector-cum-District Magistrate West
                   Champaran at Bettiah.
            2.    The Additional Collector (Revenue), West Champaran at Bettiah.
            3.    The Deputy Collector, Land Reforms, Narkatiaganj, West Champaran.
            4.     Amit Paswan, Son of Late Ramuna Paswan, resident of village- Sihpur,
                   Anchal and P.S.- Mainatand, District- West Champaran.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Sharad Kumar Verma, Advocate
                  For the Opposite Party/s :    Mr.Standing Counsel -11
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    06-02-2026                  Heard the parties.

                                 2. The present petition has been preferred for

                    restoration of CWJC No.5793 of 2025               which was dismissed

                    for non-prosecution on 22.04.2025.

                                 3. For the reasons assigned in paragraphs 4 to 5, the

                    MJC No. 2431 of 2025              is allowed subject to payment of

                    Rs.500/- with the Patna High Court Legal Services Committee.

                                 4. The CWJC No.5793 of 2025 is restored to its

                    original file.



                                                (Rajiv Roy, J)
Ravi/-

U

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