Patna High Court
Arjun Kumar TiwariversusThe State of Bihar through the Principal Secretary,Human Resources Department, Government of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the civil writ petition dismissed for non‑appearance should be restored to its original file.
Summary
Arjun Kumar Tiwari filed an application before the Patna High Court seeking restoration of his earlier civil writ petition (C.W.J.C. No.4588 of 2017) which had been dismissed for his non‑appearance. The petition was originally filed against the State of Bihar and several officials of the Primary Education Department. The court examined whether a dismissal on the ground of non‑appearance could be set aside and the writ restored. Relying on procedural principles, the bench held that the petitioner was entitled to have the case reinstated. Consequently, the court ordered that the writ petition be restored to its original file.
Issues considered
- Whether a civil writ petition dismissed for non‑appearance can be restored upon a subsequent application
- Whether procedural fairness permits setting aside the dismissal and reinstating the original petition
Subjects
- restoration of writ
- non‑appearance dismissal
- civil writ jurisdiction
- high court procedure
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3138 of 2024
In
Civil Writ Jurisdiction Case No.4588 of 2017
======================================================
Arjun Kumar Tiwari son of Late Chinta Tiwary, Permanent R/o vill-Kunwari,
P.O.-Parana, P.S.-Amnour, Dist-Saran at Chapra, at present residing at Bar-
masiya Elected poll factory west side of Katihar, P.O. and P.S.-Katihar, Dist-
Katihar now permanent address-Officers Colony, P.S.-Katihar, Dist.-Katihar
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Human Resources De-
partment, Government of Bihar Bihar.
2. The Director, Primary Education Department, Government of Bihar, Patna.
3. The Deputy Director, Primary Education Department, Government of Bihar,
Patna.
4. The Regional Deputy Director of Education, Purnea Division, Purnea.
5. The District Education Officer, Katihar, District-Katihar.
6. The District Superintendent of Education, Katihar, Dist-Katihar.
7. The Principal, Government High School, Kohra, District-Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Mandal
For the Opposite Party/s : Mr.Standing Counsel 28
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 09-01-2026 1. Heard the parties.
2. The present application has been filed for restoration of
C.W.J.C. No. 4588 of 2017, which got dismissed due to non
appearance vide order dated 27.06.2024.
3. For the reasons stated in this application, the same is
allowed and the connected case bearing C.W.J.C. No. 4588 of
Patna High Court MJC No.3138 of 2024(3) dt.09-01-2026
2/2
2017 is restored to its original file.
(Anil Kumar Sinha, J)
praful/-
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