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Patna High Court

Raj Kumar SahniversusThe State of Bihar through the Principal Secretary, Revenue and Land Reform Department

Decided
Disposal
DISPOSED

Holding

The High Court restored the dismissed writ petition, subject to the petitioner removing the identified defects within four weeks.

Summary

The petitioner, Raj Kumar Sahni, filed a restoration petition seeking to revive a writ petition (CWJC No.2012 of 2024) that had been dismissed for default due to non‑compliance with a peremptory order dated 24‑06‑2024. The petitioner argued that the required documents were unavailable, preventing timely correction of the defects, but pledged to rectify the deficiencies within four weeks. The Court examined the circumstances and the petitioner's undertaking, and considered whether a writ dismissed for default could be restored. It held that, given the petitioner’s explanation and commitment, restoration was appropriate, subject to the condition that the defects be cured within the stipulated period. Accordingly, the restoration petition was disposed of by ordering the writ petition to be reinstated to its original file, with a four‑week deadline to remove the defects.

Issues considered

  • What is the appropriate remedy when a writ petition is dismissed for default due to non‑compliance with a peremptory order?
  • Can a writ petition dismissed for default be restored on the basis of the petitioner’s inability to obtain documents and a promise to cure defects within a specified time?

Subjects

  • restoration of writ
  • default dismissal
  • peremptory order
  • civil writ jurisdiction
  • High Court of Patna

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3083 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.2012 of 2024
                 ======================================================
                 Raj Kumar Sahni S/o Bodhan Sahni, R/o Vill- Mal Goadam, Ward No.-12,
                 P.O. and P.S.- Khagaria, Distt- Khagaria.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reform Department Govt. of Bihar, Patna.
           2.    The Additional Secretary, Revenue and Land Reform Department, Govt. of
                 Bihar, Patna.
           3.    The Collector, Khagaria.
           4.    The District Land Acquisition Officer, Khagaria.
           5.    The D.C.L.R., Khagaria.
           6.    The Circle Officer, Khagaria.
           7.    The Officer In-charge, Disaster Management, Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pankaj Kumar, Advocate
                 For the Opposite Party/s :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   08-05-2026             The present petition has been filed for restoration of a

                   writ petition bearing CWJC No.2012 of 2024, which has stood

                   dismissed for default on account of non-compliance of the

                   peremptory order dated 24.06.2024.

                   2.      The learned counsel for the petitioner has submitted that

                   on account of the relevant documents being not available, the

                   defects could not be removed within time, however he

                   undertakes to remove the defects pointed out by the registry,
            Patna High Court MJC No.3083 of 2025(3) dt.08-05-2026
                                                        2/2




                      within a period of four weeks from today. Thus, it is prayed that

                      a sympathetic view be taken and the aforesaid petition be

                      restored.

                      3.      Having regard to the facts and circumstances of the case

                      and considering the submissions made by the learned counsel

                      for the petitioner apart from taking into account the averments

                      made in the present petition, I deem it fit and proper to direct for

                      restoration of the aforesaid writ petition bearing CWJC No.2012

                      of 2024 to its original file, subject to removal of defects pointed

                      out by the registry in the connected writ petition within a period

                      of four weeks from today.

                      4.      The present restoration petition stands disposed of on the

                      aforesaid terms.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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