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Patna High Court

Mr. GopaljeeversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Mr. Gopaljee, filed a petition seeking restoration of a previously dismissed writ petition (C.W.J.C. No. 13356 of 2022) that had been thrown out for non‑prosecution on 8 May 2023. The petitioner argued that his counsel could not appear for the hearing because the counsel was engaged in another case, leading to the dismissal. The court examined the circumstances, including the counsel’s unavailability and the petitioner’s request for a sympathetic view. Considering these factors, the court deemed it appropriate to restore the dismissed writ petition to its original file. Consequently, the petition for restoration was allowed.

Issues considered

  • Whether a writ petition dismissed for want of prosecution can be restored when the petitioner’s counsel was unavailable for the hearing.

Subjects

  • restoration of writ
  • non‑prosecution dismissal
  • civil writ jurisdiction
  • procedural law
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2610 of 2023
                                                    In
                              Civil Writ Jurisdiction Case No.13356 of 2022
                 ======================================================
                 Mr. Gopaljee S/o Mr. Hareram Singh R/o-Bhirkhi Uttarwadi, Ward No.-21,
                 thana-Madhepura, Dist.-Madhepura, Bihar.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Education Department,
                 New Secretariat, Panta, Bihar.
           2.    Bhupendra Narayan Mandal Univesity, Madhepura through the Vice
                 Chancellor
           3.    The Principal Secretary, Education Department, Patna, Bihar.
           4.    The Principal Secetary, Governor's Secretariat, Patna, Bihar.
           5.    The Principal Secretary, Vigilance Department, Patna, Bihar.
           6.    The Director, Education Department, Patna, Bihar.
           7.    The Registrar, Bhupendra Narayan Mandal University, Madhepura.
           8.    The District Magistrate, Madhepura.
           9.    The Principal, Parwati Science College, Madhepura.
           10. Mr. Kameshwar Prasad Yadav S/o Late Gulat Yadav Resident of Birkhi,
               Dakshin, Ward No. 23, Thana- Madhepura, Dist- Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Bimlesh Kumar Jha, Advocate
                 For the Opposite Party/s :    Mr.Jitendra Kumar Roy No. I(SC-13)
                                               Mr. Bijay Bhushan Pd., AC to SC-13
                 For the Vigilance        :    Mr. Anil Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   09-01-2026             The       present    petition       has     been      filed     for

                   restoration of a writ petition bearing C.W.J.C. No.

                   13356 of 2022, which has stood dismissed for

                   non-prosecution vide order dated 08.05.2023.

                   2.      The learned counsel for the petitioner has
         Patna High Court MJC No.2610 of 2023(2) dt.09-01-2026
                                                     2/2




                   submitted that since the counsel for the petitioner

                   was engaged in another Court, he could not appear

                   when the case was called out for hearing, hence,

                   the aforesaid writ petition was dismissed for want

                   of prosecution, thus a sympathetic view be taken

                   and the aforesaid writ petition be restored to its

                   original file.

                   3.      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. 13356 of 2022 to its original

                   file.

                   4.      The present petition stands allowed.



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

U


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