Patna High Court

Bhagwan JhaversusThe State of Bihar through the Principal Secretary to the Govt.

Decided: 25 February 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

A dismissed civil writ jurisdiction case may be restored upon compliance with the procedural requirement of payment of the prescribed legal services fee.

Summary

The petitioners, a group of members of the Jha family, filed Miscellaneous Jurisdiction Case No.254 of 2026 seeking restoration of Civil Writ Jurisdiction Case No.18271 of 2018, which had been dismissed for non‑compliance with an order dated 12‑01‑2026. The respondents were the State of Bihar and various revenue officials. The petition argued that the dismissal was premature and that the petitioners were willing to comply with the procedural requirement of paying a fee to the High Court Legal Services Committee. The High Court examined whether a dismissed writ case could be revived upon satisfaction of the stipulated condition. The Court allowed the petition, directing the petitioners to pay Rs.500 to the Legal Services Committee. Consequently, CWJC No.18271 of 2018 was restored to its original file.

Issues considered

Whether the dismissal of CWJC No.18271 of 2018 for non‑compliance can be set aside?
Whether payment of Rs.500 to the High Court Legal Services Committee suffices to satisfy the condition for restoration?

Subjects

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

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.254 of 2026
                                          In
                   Civil Writ Jurisdiction Case No.18271 of 2018
     ======================================================
1.    Bhagwan Jha Son of Late Yugeshwar Jha, Post- Bhatottar Chakala, Barhara
      Kothi, Sukhsena, Purnia, Bhatotar Chakla, Bihar- 854203.
2.   Sanjay Kumar Jha, Son of Late Yugeshwar Jha, Resident of- Duplex No. 21,
     Greater Shambalpur, Bareipali, Sadar, P.O- Remed, District- Sambalpur,
     Odisha.
3.   Kunal Kashyap, Son of Late Yugeshwar Jha, Resident of B/6/401, Swastik
     Residency, Kharvasa Road, Dindoli, Surat City, Surat, Gujarat.
4.   Anuradha Devi, D/o Late Yugeshwar Jha, Wife of- Sunil Kumar Jha,
     Resident of B/120/G/G, Ekta Vihar, Jaitpur Extn. Part-1, Rajdhani School,
     Badarpur, Jaitpur, South Delhi.
5.   Ruby Devi, Wife of Sanjay Jha, Resident of- Barmasia Power House Road,
     Katihar, Bihar- 854105.
6.   Suresh Jha, Son of Late Devi Kant Jha, Resident of Village- Bishanpur,
     Police Station- Dhamdaha, District- Purnea.
7.   Bagirath Devi, Wife of Late Sidheshwar Jha, Resident of Village- Bishanpur,
     Police Station- Dhamdaha, District- Purnea.
8.   Bimal Jha, Son of Late Sidheshwar Jha, Resident of Village- Bishanpur,
     Police Station- Dhamdaha, District- Purnea.
9.   Bhim Jha, Son of Late Sidheshwar Jha, Resident of Village- Bishanpur,
     Police Station- Dhamdaha, District- Purnea.
10. Gopinath Jha, Son of Late Sidheshwar Jha, Resident of Village- Bishanpur,
    Police Station- Dhamdaha, District- Purnea.
11. Akhilesh Jha, Son of Late Sidheshwar Jha, Resident of Village- Bishanpur,
    Police Station- Dhamdaha, District- Purnea.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary to the Govt. Department
     of Revenue and land Reforms, Govt. of Bihar, Patna,Bihar.
2.   The Collector, Purnea, At and P.O- Purnea.
3.   The Additional Collector Land Ceiling, Purnea, At and P.O- Purnea.
4.   The Sub Divisional Officer, Dhamdaha, At and P.O- Dhamdaha, District-
     Purnea.
5.   The Circle Officer, Dhamdaha, At and P.O- Dhamdaha, District- Purnea.
6.   Smt. Kamal Rani, Widow of Late Kumar Sukh Singh, (Daughter of Late
     Dhir Narayan Chand), Resident of Mohalla- Madhubani, P.S- K.Hat,
     District- Purnea, Resident of Village- Bishanpur, P.S- Dhamdaha, District-
     Purnea.
7.   Surendra Rajak, Son of Ramswarup Rajak, Resident of Village- Bishanpur,
     P.S- Dhamdaha, District- Purnea.
            Patna High Court MJC No.254 of 2026(3) dt.25-02-2026
                                                        2/2




                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Ms. Akanksha Malviya, Advocate
                   For the State            :        Mr. Standing Counsel 25
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                         ORAL ORDER

3    25-02-2026                       Heard the parties.

                                   2. The present petition has been preferred for the

                      restoration of CWJC No. 18271 of 2018 which has been

                      dismissed due to non-compliance of the order dated 12.01.2026.

                                   3. For the reasons assigned in paragraph nos. 4 to 6 of

                      the petition, MJC No. 254 of 2026 is allowed subject to

                      payment of Rs.500/- to Patna High Court Legal Services

                      Committee.

                                   4. Accordingly, CWJC No. 18271 of 2018 is restored

                      to its original file.



                                                     (Rajiv Roy, J)
vinayak/-

U

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