Patna High Court
Kumari Priti @ Priti Kumari @ Priti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court exercised its inherent jurisdiction to restore the dismissed civil writ case to its original file.
Summary
Petitioner Kumari Priti filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 508 of 2022, which had been dismissed for her non‑appearance as per the order dated 19‑01‑2026. The petitioner argued that the dismissal was premature and that she should be given an opportunity to be heard. The Court examined its inherent powers to set aside a dismissal for procedural default and to restore a case to its original file. Finding no substantive prejudice and noting the procedural nature of the default, the Court allowed the restoration application. Consequently, the dismissed case was reinstated to its original docket for further hearing.
Issues considered
- What is the scope of the High Court's power to restore a civil writ case dismissed for non‑appearance?
- Can a dismissal for procedural default be set aside when the petitioner seeks restoration?
Subjects
- restoration of suit
- civil writ jurisdiction
- non‑appearance
- procedural law
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.307 of 2026
In
Civil Writ Jurisdiction Case No.508 of 2022
======================================================
Kumari Priti @ Priti Kumari @ Priti Devi wife of Sri Raj Kumar Mandal,
resident of Mohalla- Parbatti, Durga Asthan, P.S.- Tatarpur, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Primary Education, Government of Bihar, Patna.
2. The Director, Primary Education, Department of Education, Bihar, Patna.
3. The District Magistrate, Katihar.
4. The District Education Officer, Katihar.
5. The Block Development Officer, Manihari Block, Katihar.
6. The Panchayat Secretary, Gram Panchayat Raj Nawabganj, Block-
Manihari, District- Katihar.
7. Renu Kumari wife of Bikash Kumar Choudhary, resident of Village- Balthi
Maheshpur, P.S.- Kursela, District- Katihar. Presently posted as Panchayat
Teacher in Balutola, Primary School, Nawabganj, P.O.-Nawabganj, P.S. and
Anchal- Manihari, District- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha
For the Opposite Party/s : Mr.Government Advocate 2
Mr. Rajan Prakash, AC to GA 2
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 17-04-2026 1. Heard the parties.
2. The present application has been filed for restoration of
C.W.J.C. No. 508 of 2022, which got dismissed due to non
appearance vide order dated 19.01.2026.
Patna High Court MJC No.307 of 2026(4) dt.17-04-2026
2/2
3. For the reasons stated in this application, the same is
allowed and the connected case bearing C.W.J.C. No. 508 of
2022 is restored to its original file.
(Anil Kumar Sinha, J)
praful/-
U
Checking your session…