Patna High Court

Shanti DwivediversusThe State of Bihar through the District Magistrate,

Decided: 17 April 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that a civil writ petition dismissed for non‑prosecution may be restored if the petitioner satisfactorily demonstrates readiness to prosecute.

Summary

Shanti Dwivedi filed an application seeking restoration of her civil writ case (CWJC No.13356 of 2015) which had been dismissed for non‑prosecution on 27 March 2025. The petitioner argued that the dismissal was premature and that she was ready to prosecute. The State opposed the restoration. The High Court examined the reasons set out in the restoration application and found them sufficient to merit reinstatement. Consequently, the court ordered that the dismissed writ petition be restored to its original file. The restoration application was therefore allowed.

Issues considered

What is the appropriate remedy when a civil writ petition is dismissed for non‑prosecution?
Whether the petitioner is entitled to have the dismissed writ petition restored to the original file.

Subjects

restoration
civil writ jurisdiction
non‑prosecution
high court
procedural law
petition reinstatement

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.2436 of 2025
                                                         In
                                  Civil Writ Jurisdiction Case No.13356 of 2015
                   ======================================================
                   Shanti Dwivedi W/o Vidyapati Dwivedi, R/o Mohalla- Harihar Bhawan, P.S.-
                   Chowk, District- Patna                                      ... ... Petitioner/s
                                                       Versus
             1.     The State of Bihar through the District Magistrate, Patna.
             2.    Sub-Divisional Magistrate, Patna City,
             3.     Brahmanand Chaturvedi, Principal Parmatma Chaturvedi Ram Niranjan
                    Das Murararka Sanskrit Mahavidyalaya, Patna City.... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :      Mr.Y. Madhavi, Advocate
                   For the State           :      Mr.Suman Kumar Jha, A.C. to AAG-3
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

3     17-04-2026                     Heard learned counsel for the petitioner and learned

                     counsel for the State.

                                   2. This application has been filed for restoration of

                     CWJC No.13356 of 2015 which stood dismissed for non-

                     prosecution by order dated 27.03.2025.

                                     3. For the reasons stated in the restoration

                     application, the prayer for restoration is allowed and CWJC No.

                     13356 of 2015 is restored to its original file.

                                   4. Accordingly, the restoration application stands

                     allowed.



                                           (Rajesh Kumar Verma, J)
Nitesh/-
U        T

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