Patna High Court

Birendra ThakurversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court restored MJC No. 1730 of 2017 after allowing the fresh MJC No. 2536 of 2023, conditioned on payment of Rs. 500 to the Legal Services Committee.

Summary

Petitioner Birendra Thakur filed an application seeking restoration of his earlier Miscellaneous Jurisdiction Case (MJC) No. 1730 of 2017, which had been dismissed for non‑prosecution on 20 June 2023. The High Court considered whether the dismissed case could be revived upon compliance with procedural requirements, including payment of a nominal fee. The Court allowed the newly filed MJC No. 2536 of 2023 on the condition that the petitioner pay Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the Court restored MJC No. 1730 of 2017 to its original file. The order effectively reinstated the earlier proceedings, subject to the fee payment.

Issues considered

Can a case dismissed for non‑prosecution be restored upon payment of a prescribed fee?
Is the filing of a fresh MJC sufficient to revive the earlier dismissed case?

Subjects

restoration of dismissed case
non‑prosecution
legal services fee
High Court procedure
miscellaneous jurisdiction

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.2536 of 2023
                                                          In
                                 Miscellaneous Jurisdiction Case No.1730 of 2017
                     ======================================================
                     Birendra Thakur Son of Late Bhikhari Thakur Resident of Village-
                     Khirodharpur, P.S.- Bikramganj, District- Rohtas at Sasaram.
                                                                                 ... ... Petitioner/s
                                                       Versus
                1.    The State of Bihar through The Principal Secretary, Land Reforms
                      Department Sri Vivek Kumar Singh
                2.   Shri Animesh Kumar Parasar, the District Magistrate, Rohtas.
                3.   Shri Rajesh Kumar, The Sub Divisional Magistrate. Rohtas.
                4.   Shri Shashi Shekhar, The Deputy Collector, Land Reforms, Bikramganj.
                5.   Rajeev Ranjan, Circle Officer, Bikramganj.
                6.   Baij Nath Ram, The Panchayat Raj Officer, Bikramganj.
                7.    Bir Prakash Singh, Panchayat Secretary, Khirodhar Pur Block, Bikramganj.
                                                                           ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Sanchay Srivastava, Adv.
                     For the Opposite Party/s :     Mr. Md. Khurshid Alam (Aag 12)
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
3    09-01-2026                      Heard the parties.

                                    2. The present application has been preferred for

                       restoration of MJC No. 1730 of 2017 which stood dismissed for non-

                       prosecution on 20.06.2023 passed by this Court.

                                    3. For the reasons assigned in Paragraph nos. 10 to 12 of

                       the petition, the MJC No. 2536 of 2023 is allowed subject to payment

                       of Rs. 500 to Patna High Court Legal Services Committee.

                                    4. Accordingly, the MJC No. 1730 of 2017 is restored to

                       its original file.


                                                    (Rajiv Roy, J)
Vijay Singh/-

U

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