Patna High Court

Sunil KumarversusThe State of Bihar

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

Holding

The Court held that the dismissed civil writ jurisdiction case may be restored to its original file.

Summary

Sunil Kumar filed a petition before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No.13876 of 2016, which had been dismissed for non‑prosecution on 28 July 2025. The petitioner argued that the dismissal was erroneous and that the original suit should be revived. The Court examined the procedural history and the reasons for the earlier dismissal. Relying on the principles of justice and the need to give the petitioner an opportunity to prosecute, the Court allowed the Miscellaneous Jurisdiction Case No.3067 of 2025. Consequently, the earlier dismissed case was restored to its original file.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored upon a petition under the High Court's miscellaneous jurisdiction.

Subjects

restoration of dismissed case
civil writ jurisdiction
non‑prosecution
high court
petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3067 of 2025
                                                        In
                                 Civil Writ Jurisdiction Case No.13876 of 2016
                  ======================================================
                  Sunil Kumar Son of Madan Mohan Dubey, Resident of village Karatola,
                  Dubey Bigha, P.S. Obra, District- Aurangabad.             ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through District Magistrate, Aurangabad.
            2.    Deputy Collector, Land Reforms Aurangabad.
            3.    Sub-Divisional Officer, Aurangabad.
            4.    Circle Officer, Obra, District Aurangabad.
            5.     Kanti Devi Wife of Dhaneshwar Rawani, Resident of Village Kara Tola, P.S.
                   Obra, District - Aurangabad.
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Bachan Jee Ojha, Advocate
                  For the Opposite Party/s :    Mr.Standing Counsel- 25
                  ======================================================
                  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.13876 of 2016              which was dismissed

                    for non-prosecution on 28.07.2025.

                                 3. For the reasons assigned in paragraph-03, the MJC

                    No. 3067 of 2025 is allowed.

                                 4. The CWJC No.13876 of 2016 is restored to its

                    original file.



                                                (Rajiv Roy, J)
Ravi/-

U

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