Patna High Court

Manika KumariversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The writ petition dismissed for non‑prosecution is restored to its original file.

Summary

The petitioner, Manika Kumari, filed a petition seeking restoration of a writ petition (C.W.J.C. No.15435 of 2021) that had been dismissed for non‑prosecution on 10‑01‑2024. The petitioner’s counsel explained that personal difficulty prevented his appearance at the hearing, leading to the dismissal. The court considered the circumstances and the petitioner’s request for a sympathetic view. Justice Mohit Kumar Shah held that, given the facts, the writ petition should be reinstated to its original file. Consequently, the petition for restoration was allowed.

Issues considered

Can a writ petition dismissed for non‑prosecution be restored on the ground of personal difficulty of the petitioner’s counsel?

Subjects

restoration of writ
non‑prosecution
civil writ jurisdiction
procedural law
court fees

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2484 of 2025
                                                     In
                              Civil Writ Jurisdiction Case No.15435 of 2021
                 ======================================================
                 Manika Kumari wife of Sri Ravindra Sah, Resident of village- Jonki, Gram
                 Panchayat-Chhatauni, Ward No. 1, P.S.- Basopatti, District- Madhubani.

                                                                                 ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar through the Principal Secretary, Social Welfare
                 Department Govt. of Bihar, Patna.
           2.    The Director, Child Development (Social Welfare) Department Bihar Patna.
           3.    The District Magistrate Madhubani.
           4.    The Distict Programme Officer Madhubani.
           5.    The Sub Divisional Officer, Jaynagar Madhubnani.
           6.    The Child Development Officer, Basopatti, Madhubani.
           7.    The Mukhiya Gram Panchayat Raj Chhatauni, Basopatti Madhubani.
           8.    Smt. Manju Kumari W/o- Virendra Sah Resident of Village - Jonki,
                 Chhatuani Ward No. 1, P.S. - Basopatti, District- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :         Mr.Prashant Pratap, GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   16-01-2026             At the outset, the learned counsel for the petitioner

                   undertakes to deposit the deficient court fees amounting to a

                   sum of Rs. 10/- by 19.01.2026. Permission, so sought, is

                   granted.

                   2.      The present petition has been filed for restoration of a

                   writ petition bearing C.W.J.C. No. 15435 of 2021, which has

                   stood     dismissed        for    non-prosecution      vide    order     dated

                   10.01.2024.
         Patna High Court MJC No.2484 of 2025(3) dt.16-01-2026
                                                     2/2




                   3.      The learned counsel for the petitioner has submitted that

                   due to personal difficulty, he could not appear when the case

                   was called out for hearing, hence, the aforesaid writ petition was

                   dismissed for non-prosecution, thus a sympathetic view be taken

                   and the aforesaid writ petition be restored to its original file.

                   4.      Having regard to the facts and circumstances of the case,

                   considering the submissions made by the learned counsel for the

                   petitioner as also taking into account the averments made in the

                   present petition, I deem it fit and appropriate to direct for

                   restoration of the aforesaid writ petition bearing C.W.J.C. No.

                   15435 of 2021 to its original file.

                   5.      The present petition stands allowed.



                                           (Mohit Kumar Shah, J)
S.Sb/-

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