Patna High Court

Smt. Sheela DeviversusThe State of Bihar, through Principal Secretary, Revenue and Land Reforms Department

Decided: 6 February 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

The court restored CWJC No.1240 of 2017 subject to payment of Rs 500 to the Legal Services Committee.

Summary

The petitioners, a group of residents of Rohtas district, filed MJC No.2900 of 2025 seeking restoration of CWJC No.1240 of 2017, which had been dismissed on 5 May 2025 for non‑prosecution. The respondents, the State of Bihar and various revenue officials, opposed the relief. The High Court examined whether a dismissal for non‑prosecution could be set aside and the original writ petition reinstated. It held that the dismissal could be vacated provided the petitioners complied with the procedural requirement of paying a nominal fee of Rs 500 to the Patna High Court Legal Services Committee. Accordingly, the court allowed MJC No.2900 of 2025 and ordered that CWJC No.1240 of 2017 be restored to its original file.

Issues considered

Can a civil writ jurisdiction case dismissed for non‑prosecution be restored?
Is payment of a fee to the Legal Services Committee a condition precedent for restoration?

Subjects

restoration of dismissed case
non‑prosecution dismissal
civil writ jurisdiction
legal services fee
high court procedural order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.2900 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.1240 of 2017
     ======================================================
1.    Smt. Sheela Devi Wife of Ragurari Rai, Resident of Village Kota tola
      Tarachandi, P.S.- Darigaon, Anchal Sasaram, District- Rohtas.
2.   Krishna Baheliya @ Krishna Pd., Son of Sitaram, Resident of Village Kota
     tola Tarachandi, P.S.- Darigaon, Anchal Sasaram, District- Rohtas.
3.   Ashok Kumar, Son of Jai Kishun Sah, Resident of Village Kota tola
     Tarachandi, P.S.- Darigaon, Anchal Sasaram, District- Rohtas.
4.   Indramani Kuer, Wife of Late Ram Dayal Ram, Resident of Village
     Muradabad, P.S.- Sasaram, District- Rohtas.
5.   Meghnath Ram, Son of Late Shiv Lakhan Ram, Resident of Village
     Muradabad, P.S.- Sasaram, District- Rohtas.
6.   Pappu Kumar Gupta, Son of Sri Gopal Gupta, Resident of Village Karpurva,
     P.S.- Darigaon, Anchal Sasaram, District- Rohtas.

                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar, through Principal Secretary, Revenue and Land Reforms
     Department Govt. of Bihar, Patna.
2.   The District Magistrate, Rohtas at Sasaram.
3.   The Additional Collector, Rohtas at Sasaram.
4.   The Deputy Collector, Land Reforms, Sasaram, District- Rohtas.
5.   The Sub-Divisional Magistrate, Sasaram, District- Rohtas.
6.   Anchal Adhikari, Sasaram, District- Rohtas.
7.   Anil Singh Yadav, Son of Lakhan Singh, Resident of Village Dhankarha,
     P.S.- Sasaram Mufassil, District- Rohtas.
8.   Bengali Sharma, Son of Late Suraj Sharma, Resident of Village Dhankarha,
     P.S.- Sasaram Mufassil, District- Rohtas.
9.   Nishant Singh Yadav, Son of Ram Naresh Singh Yadav, Resident of Village
     Dhankarha, P.S.- Sasaram Mufassil, District- Rohtas.
10. Uma Singh Yadav, Son of Late Mohit Singh Yadav, Resident of Village
    Dhankarha, P.S.- Sasaram Mufassil, District- Rohtas.
11. Dadan Singh Yadav, Son of Radha Singh Yadav, Resident of Village
    Dhankarha, P.S.- Sasaram Mufassil, District- Rohtas.
12. Harendra Singh Yadav, Son of Satya Narayan Singh, Resident of Village
    Dhankarha, P.S.- Sasaram Mufassil, District- Rohtas.
13. Sunil Singh Yadav, Son of Rajendra Singh Yadav, Resident of Village
    Chintamanpur, P.S.- Sasaram Mufassil, District- Rohtas.

                                            ... ... Opposite Party/s
     ======================================================
          Patna High Court MJC No.2900 of 2025(4) dt.06-02-2026
                                                      2/2




                  Appearance :
                  For the Petitioner/s     :       Mr.Varun Krishna Singh, Advocate
                  For the Opposite Party/s :       Mr.Government Pleader -18
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    06-02-2026                  Heard the parties.

                                 2. The present petition has been preferred for

                    restoration of CWJC No.1240 of 2017                which was dismissed

                    for non-prosecution on 05.05.2025.

                                 3. For the reasons assigned in paragraphs 3 to 5, the

                    MJC No. 2900 of 2025 is allowed subject to payment of

                    Rs.500/- with the Patna High Court Legal Services Committee.

                                 4. The CWJC No.1240 of 2017 is restored to its

                    original file.



                                                   (Rajiv Roy, J)
Ravi/-

U

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