Patna High Court
Mr. GopaljeeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
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/-
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