Patna High Court
Chhote Lal RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court held that the dismissed writ case should be restored to its original file.
Summary
The petitioners, a group of individuals from Uran Tola, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 1536 of 2020, which had been dismissed for non‑prosecution on 29 March 2023. The respondents, including the State of Bihar and members of the Ashraf family, opposed the restoration. The Court examined the petition and found that the petitioners had sufficiently demonstrated a case for reinstating the original writ proceedings. Consequently, the Court allowed the restoration application, ordering that the dismissed writ case be restored to its original file. The order effectively revives the earlier proceedings for further adjudication.
Issues considered
- Whether a civil writ case dismissed for non‑prosecution can be restored upon a fresh application.
Subjects
- restoration of writ
- non‑prosecution
- Civil Writ Jurisdiction
- Patna High Court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2878 of 2023
In
Civil Writ Jurisdiction Case No.1536 of 2020
======================================================
1. Chhote Lal Rai Son of Late Brij Nandan Rai Resident of Village- Uran Tola,
P.O.- Anishabad, P.S.- Gardanibagh, Distt- Patna-2.
2. Sabhapati Rai Son of Late Harihar Rai Resident of Village- Uran Tola, P.O.-
Anishabad, P.S.- Gardanibagh, Distt- Patna-2.
3. Satyadeo Rai Son of Sri Krishna Rai Resident of Village- Uran Tola, P.O.-
Anishabad, P.S.- Gardanibagh, Distt- Patna-2.
4. Munna Kumar Son of Sri Suresh Rai Resident of Village- Uran Tola, P.O.-
Anishabad, P.S.- Gardanibagh, Distt- Patna-2.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secrerary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
3. The Deputy Collector, Land Reforms, Patna Sadar, Patna.
4. Raushan Ashraf Wife of Late S.N. Ashraf Resident of Aziz Manjil No. 5,
Chitkohra Bazar, P.O. - Anishabad, P.S. Gardanibagh, District - Patna - 2.
5. Syed Mirhaj Ashraf Son of Late S.N. Ashraf Resident of Aziz Manjil No. 5,
Chitkohra Bazar, P.O. - Anishabad, P.S. Gardanibagh, District - Patna - 2.
6. Syed Saba Ashraf Son of Late S.N. Ashraf Resident of Aziz Manjil No. 5,
Chitkohra Bazar, P.O. - Anishabad, P.S. Gardanibagh, District - Patna - 2.
7. Shajiya Ashraf Daughter of Late S.N. Ashraf Resident of Aziz Manjil No. 5,
Chitkohra Bazar, P.O. - Anishabad, P.S. Gardanibagh, District - Patna - 2.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Dhurjati Kumar Prasad (GP-14)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the parties.
2. The instant application has been filed praying for
restoration of CWJC no.1536 of 2020, which stood dismissed
for non-prosecution vide order dated 29.3.2023.
Patna High Court MJC No.2878 of 2023(2) dt.06-02-2026
2/2
3. Having heard learned counsel for the parties and
taking into consideration the contents of the petition, the Court
is satisfied that the petitioners have made out a case for
restoration of the main application.
4. The restoration application stands allowed.
5. CWJC no.1536 of 2020 is restored to its original
file.
(Partha Sarthy, J)
Shiv/-
U
Checking your session…