Patna High Court

Home Affairs through its Secretary,versusSurendra Das

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

Holding

The civil review may be restored upon payment of Rs. 500 to the Legal Services Committee.

Summary

The Union of India filed a petition seeking restoration of Civil Review No. 25 of 2021, which had been dismissed for non‑prosecution on 10 July 2025. The petition named Surendra Das and several Bihar government officials as respondents. The High Court examined whether the dismissal could be set aside upon compliance with procedural requirements. It noted the petitioner’s willingness to pay the prescribed legal‑services fee. Accordingly, the court allowed the petition subject to payment of Rs. 500 to the Patna High Court Legal Services Committee and restored the civil review to its original file.

Issues considered

Whether a civil review dismissed for non‑prosecution can be restored upon payment of the legal‑services fee

Subjects

civil review
restoration
non‑prosecution dismissal
legal services fee
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3268 of 2025
                                                     In
                                      CIVIL REVIEW No.25 of 2021
                 ======================================================
                 Union of India through the Ministry of Home Affairs through its Secretary,
                 North Block, New Delhi represented through the Commandant 47th BN,
                 Sashastra Seema Bal, Ramgarhwa.

                                                                        ... ... Petitioner/s
                                                        Versus
           1.    Surendra Das Son of Late Ramji Das, Resident of Mouza Chikni, Ward No.
                 2, P., Jokiari, P.S. Raxaul, District East Cahmparan.
           2.    The State of Bihar through its Chief Secretary, Old Secretariat, Patna.
           3.    The Principal Secretary, Revenue and Land Reforms, Government of Bihar,
                 Patna.
           4.    The Director, Land Acquisition, Bihar, Patna.
           5.    The Joint Secretary, Department of Home, Bihar, Patna.
           6.    The Collector, Motihari.
           7.    The Land Acquisition Officer, Motihari.
           8.    The Secretary, Border Management, Ministry of Home Affairs, Government
                 of India, North Block, New Delhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Awadhesh Kumar Pandey, Sr. CGC
                                               Mr.Ravinder Kumar Sharma, CGC
                 For the Opposite Party/s :    Mr. Lokesh, Advocate
                 ======================================================
                 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 Civil Review No. 25 of 2021 which was

                   dismissed for non-prosecution on 10.07.2025.

                                 3. For the reasons assigned in paragraphs 3 to 4, the

                   MJC No. 3268 of 2025             is allowed subject to payment of
         Patna High Court MJC No.3268 of 2025(4) dt.06-02-2026
                                                     2/2




                   Rs.500/- with the Patna High Court Legal Services Committee.

                                4. The Civil Review No. 25 of 2021 is restored to its

                   original file.



                                                  (Rajiv Roy, J)
Ravi/-

U

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