Patna High Court
Subhash KumarversusThe State of Bihar through the Principal Secretary, Department of Health
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
A writ petition dismissed for non‑prosecution can be restored if a satisfactory explanation for the default is provided.
Summary
The petitioners sought restoration of a writ petition (C.W.J.C. No. 5626 of 2022) that had been dismissed for non‑prosecution on 23.01.2024. They explained that their counsel could not appear at the hearing due to personal difficulty, leading to the default. The petition raised the question whether a writ dismissed for non‑prosecution can be revived on satisfactory explanation. The Court examined the circumstances, noted the counsel's genuine difficulty, and exercised its inherent power to restore the dismissed petition. Accordingly, the Court ordered that the writ petition be restored to its original file and allowed the present petition.
Issues considered
- Whether a writ petition dismissed for non‑prosecution may be restored on account of personal difficulty of counsel
- Whether the High Court has jurisdiction to order restoration of a dismissed writ petition
Subjects
- restoration of writ
- non‑prosecution
- civil writ jurisdiction
- high court
- procedural default
- personal difficulty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2931 of 2025
In
Civil Writ Jurisdiction Case No.5626 of 2022
======================================================
1. Subhash Kumar Son of Gaya Prasad Yadav, Resident of Near Hanuman
Mandir, Sahebganj, Champanagar, P.S- University Bhagalpur, District-
Bhagalpur- 812004.
2. Nandlal Mandal, Son of Chhabu Mandal, Resident of Kampanibag,
Nayabazar, P.S- Vishwavidalay, District- Bhagalpur.
3. Gajendra Thakur, Son of Jivlal Thakur, Resident of Village- Basour, P.O-
Daulatpur, P.S- Bhagwanganj District- 804452.
4. Bimal Kumar Ambedkar, Son of Rampravesh Das, Resident of Vill. and PO-
Jharkha, P.S- Sigori, District- Patna- 801110.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health
Government of Bihar, Patna.
2. The Director-in-Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar State Staff Selection Commission, through its Secretary,
Veterinary College, Campus, Patna-14.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arup Kumar Chongdar, Advocate
For the Opposite Party/s : Mr. Mujtabaul Haque, GP-12
Mr. Manish Kumar, AC to GP-12
For the BSSC : Mr. Girijesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 16-01-2026 The present petition has been filed for restoration of a writ
petition bearing C.W.J.C. No. 5626 of 2022, which has stood
dismissed for non-prosecution vide order dated 23.01.2024.
2. The learned counsel for the petitioners has submitted that
due to personal difficulty, he could not appear when the case
was called out for hearing, hence, the aforesaid writ petition was
Patna High Court MJC No.2931 of 2025(3) dt.16-01-2026
2/2
dismissed for non-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
petitioners 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.
5626 of 2022 to its original file.
4. The present petition stands allowed.
(Mohit Kumar Shah, J)
S.Sb/-
U
Checking your session…