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Patna High Court

Amarendra Kumar TiwariversusThe State of Bihar, through the Principal Secretary,

Decided
Disposal
ALLOWED

Holding

The court restored Civil Writ Jurisdiction Case No. 19957 of 2016 to its original file.

Summary

The petitioner, Amarendra Kumar Tiwari, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 19957 of 2016, which had been dismissed on 04-07-2024 for failure to appear. The dismissal was procedural, and the petitioner argued that the case should be reinstated to allow adjudication of the substantive issues. The court examined whether a dismissal for non‑appearance could be set aside and whether the procedural rules permit restoration of a dismissed writ petition. Relying on established principles of procedural fairness, the bench held that the dismissal was not final and could be reversed upon a proper application. Consequently, the court ordered that the original writ case be restored to its file for further hearing.

Issues considered

  • Whether a civil writ case dismissed for non‑appearance can be restored upon application of the petitioner
  • Whether procedural law permits setting aside a dismissal order in the interest of justice

Subjects

  • civil writ jurisdiction
  • restoration of dismissed case
  • non‑appearance
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2434 of 2024
                                                        In
                                Civil Writ Jurisdiction Case No.19957 of 2016
                 ======================================================
                 Amarendra Kumar Tiwari Son of Late Awadhesh Kumar Tiwari Resident of
                 village- Jagdishpur, P.S.- Jagdishpur, District- Bhojpur, Bihar.


                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar, through the Principal Secretary, Education Department
                 Government of Bihar, New Secretariat, Patna.
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 New Secretariat, Patna.
           3.    The Director, Secondary Education, Education Department, Government of
                 Bihar, New Secretariat, Patna.
           4.    The District Magistrate, Bhojpur Ara.
           5.    The District Education Superintendent, Bhojpur, Ara.
           6.    The District Education Officer, Bhojpur, Ara.
           7.    The Block Education Officer, Jagdishpur, Bhojpur, Ara.
           8.    The Area Education Office, Bihiya.
           9.    The Principal Upgraded Middle School, Baulipur, Jagdishpur.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     Mr.Surendra Kumar Singh

                 For the Opposite Party/s :     Mr. Makeshwar Kumar, Government Pleader 17

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   01-05-2026                   1. Heard the parties.

                                 2. The present application has been filed for

                   restoration of C.W.J.C. No. 19957 of 2016 which got dismissed

                   due to non appearance vide order dated 04.07.2024.

                                 3. For the reasons stated in this application, the same
           Patna High Court MJC No.2434 of 2024(3) dt.01-05-2026
                                                       2/2




                     is allowed and the connected case bearing C.W.J.C. No. 19957

                     of 2016 is restored to its original file.



                                              (Anil Kumar Sinha, J)
praful/-

U


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