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Patna High Court

Mina KumariversusThe State of Bihar through the Chief Secretary

Decided
Disposal
ALLOWED

Holding

The court restored the dismissed civil writ case and imposed a cost of Rs.500 on the petitioner’s counsel.

Summary

Petitioner Mina Kumari filed a Miscellaneous Jurisdiction application seeking restoration of Civil Writ Jurisdiction Case No.9879 of 2020, which had been dismissed for failure to comply with an order dated 01‑08‑2024. The petitioner explained that the non‑compliance was due to difficulty and assured future compliance. The court considered whether the dismissal could be set aside on these grounds. It held that the case could be restored, subject to the petitioner’s counsel paying costs. Accordingly, the writ case was reinstated to the original file and a cost of Rs.500 was imposed on the petitioner’s counsel.

Issues considered

  • Whether a civil writ case dismissed for non‑compliance of a court order can be restored on filing a Miscellaneous Jurisdiction application.
  • Whether costs may be imposed on the petitioner’s counsel for the restoration.

Subjects

  • restoration of writ
  • non‑compliance
  • miscellaneous jurisdiction
  • costs
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2942 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.9879 of 2020
                 ======================================================
                 Mina Kumari Wife of Santosh Sah @ Santosh Kumar, Resident of Village
                 Ekraha, Panchayat-Maharajganj-I, Ward No. -13, P.S.-Jankinagar, District-
                 Purnea.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary Old Secretariat, Bihar, Patna.
           2.    The Director Department of Social Welfare (I.C.D.S.), Old Secretariat,
                 Bihar, Patna.
           3.    The District Programme Officer, Purnea.
           4.    The District Magistrate, Purnea.
           5.    The Divisional Commissioner, Purnea.
           6.    The Child Development Project Officer Banmankhi, Purnia.
           7.    The L.S. Banmankhi, Purnia.
           8.    The Ward Member Ekraha, Panchayat Maharajganj-I, Ward No. -13, P.S.
                 and Block-Jankinagar, District-Purnea.
           9.    Bibi Sajada Khatoon, Wife of Rahim Ansari, Resident of Village Ekraha,
                 Panchayat Maharajganj-I, Ward No. -13, P.S.-Jankinagar, District-Purnea.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Shivnandan Sah, Adv.
                 For the Opposite Party/s :    Mr.Government Pleader 7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-02-2026                       Learned Counsel for the petitioner and Learned

                   counsel for the State are present.

                                2. The present MJC application has been filed for

                   restoration of C.W.J.C. No.9879 of 2020, which was dismissed

                   due to non compliance of order dated 01.08.2024.

                                3. Counsel for the petitioner submits that due to some

                   difficulty, the order could not be complied. He further submits
          Patna High Court MJC No.2942 of 2025(2) dt.25-02-2026
                                                      2/2




                    that such mistake shall not take place in future.

                                 4. In the light of the submissions made, the MJC

                    application is hereby allowed and C.W.J.C. No.9879 of 2020 is

                    hereby restored to this original file, subject to cost of Rs.500/-

                    imposed upon the counsel for the petitioner, which shall be

                    deposited in the account of Patna High Court Advocates’

                    Association.



                                                            (Dr. Anshuman, J)
Prakashmani/-

U


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