Patna High Court
Mahanth Brij Kumar Das, (deceased),versusThe State of Bihar through the District Magistrate
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court restored the dismissed writ petition and allowed the miscellaneous petition subject to payment of Rs. 500 to the Legal Services Committee.
Summary
The petitioners sought restoration of Civil Writ Jurisdiction Case No. 12847 of 2016, which had been dismissed on 28 July 2025 for want of prosecution. The High Court considered whether the dismissal could be set aside and the writ petition reinstated. It held that the dismissal could be reversed, subject to the petitioner paying a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Accordingly, the Miscellaneous Jurisdiction Case No. 3090 of 2025 was allowed, the original writ petition was restored to its file, and any pending interim applications were deemed disposed. The order restores the petitioner's right to pursue the writ proceedings.
Issues considered
- Whether a civil writ petition dismissed for want of prosecution can be restored by the High Court
- Whether the petitioner must pay a fee to the Legal Services Committee as a condition for restoration
Subjects
- civil writ jurisdiction
- restoration of petition
- want of prosecution
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3090 of 2025
In
Civil Writ Jurisdiction Case No.12847 of 2016
======================================================
Mahanth Brij Kumar Das, (deceased), Chela Mahanth Rameshwar Das, R/o
Village- Aakhta, P.S.- Bairgania, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate Sitamarhi
2. The Director, Land Acquisition and Rehabilitation.
3. The District Magistrate, Sitamarhi-District-cum-Rehabilitation Officer.
4. The Rehabilitation Officer, Baghmati Project, Sitamarhi.
5. The Sub Divisional Officer, Sitamarhi, Sadar.
6. The Anchal Aadhikari, Bairgania, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 18-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for restoration of the CWJC No. 12847 of
2016 to its original writ petition as it got
dismissed on 28.07.2025 for want of
prosecution.”
3. For the reasons assigned in paragraph nos. 5 and
6, MJC No. 3090 of 2025 is allowed subject to payment of
Patna High Court MJC No.3090 of 2025(4) dt.18-02-2026
2/2
Rs. 500/- to the Patna High Court Legal Services Committee.
4. CWJC No. 12847 of 2016 stands restored to its
original file.
5. Pending I.A., if any, also stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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