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Patna High Court

Shravan Kumar @ Shravn KumarversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The court held that the restoration petition cannot be condoned due to the absence of sufficient cause for the seven-year delay.

Summary

The petitioner, Shravan Kumar, filed a restoration petition seeking to revive Civil Writ Jurisdiction Case No. 2642 of 2017, which had been dismissed. The petition was filed approximately seven years after the dismissal, an inordinate delay. The court examined the petitioner's lack of a cogent explanation for the delay and referred to the Supreme Court's ruling in Basawaraj v. Land Acquisition Officer, which requires a sufficient cause for condoning delay. Finding no sufficient cause and deeming the delay negligent, the court refused to condone the delay. Consequently, the restoration petition was dismissed, and any pending applications were also ordered to stand disposed.

Issues considered

  • Whether a restoration petition filed after a seven-year delay can be condoned under the principles of sufficient cause.
  • Whether the petitioner has provided a satisfactory explanation for the inordinate delay.

Subjects

  • restoration petition
  • condonation of delay
  • civil writ jurisdiction
  • limitation period
  • Supreme Court precedent
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2763 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.2642 of 2017
                 ======================================================
                 Shravan Kumar @ Shravn Kumar Son of Late Dasarath Chaudhary, resident
                 of village- Manjhaul Bisharsthan, P.S.- Cheria, Bariarpur, District- Begusarai.

                                                                              ... ... Petitioner/s
                                                Versus
           1.    The Union of India through the D.G. cum Secretary Department of Post,
                 Dak Bhawan, New Delhi.
           2.    The Chief Post Master General, Bihar, Circle, Patna.
           3.    The Assistant Director (Staff and Recruitment) o/o The Chief Post Master,
                 Bihar Circle, Patna.
           4.    The Superintendent of Post Office, Begusarai, Division, Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Md. Hussamuddin Azad, Advocate
                 For the UOI            :       Mr. Avadesh Kumar Pandey, Sr. CGC
                                                Mr. Ravindra Kumar Sharma, CGC
                                                Mr. Lokesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   01-07-2026                   Heard learned counsel for the parties.

                                 2.The present restoration petition has been preferred

                   seeking restoration of CWJC No. 2642 of 2017 which came to

                   be dismissed.

                                 3. Upon perusal of the records, it transpires that the

                   restoration petition has been filed after an inordinate delay of

                   approximately seven years from the date of dismissal.

                                 4. Upon consideration of the grounds stated in the
Patna High Court MJC No.2763 of 2025(3) dt.01-07-2026
                                            2/3




          application, we find that no cogent, convincing, or justifiable

          explanation has been furnished for such prolonged delay. At this

          juncture, it is pertinent to take note of the decision rendered by

          the Hon’ble Supreme Court while deciding the case of

          Basawaraj V. Land Acquisition Officer, reported in (2013)14

          SCC 81, wherein it was observed as follows:

                             “15. The law on the issue can be summarised
                             to the effect that where a case has been
                             presented in the court beyond limitation, the
                             applicant has to explain the court as to what
                             was the “sufficient cause” which means an
                             adequate and enough reason which
                             prevented him to approach the court within
                             limitation. In case a party is found to be
                             negligent, or for want of bona fide on his
                             part in the facts and circumstances of the
                             case, or found to have not acted diligently or
                             remained inactive, there cannot be a justified
                             ground to condone the delay. No court could
                             be justified in condoning such an inordinate
                             delay by imposing any condition whatsoever.
                             The application is to be decided only within
                             the parameters laid down by this Court in
                             regard to the condonation of delay. In case
                             there was no sufficient cause to prevent a
                             litigant to approach the court on time
                             condoning      the     delay   without    any
                             justification,    putting    any     condition
                             whatsoever, amounts to passing an order in
                             violation of the statutory provisions and it
                             tantamounts to showing utter disregard to the
                             legislature.”
                       5. Accordingly, the present application stands

          dismissed.
           Patna High Court MJC No.2763 of 2025(3) dt.01-07-2026
                                                       3/3




                                  6. Pending application(s), if any, shall also stand

                     disposed of.


                                                 (Sudhir Singh, J)


                                             ( Ranjan Kumar Jha, J)
rishabh/rajesh

U


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