Patna High Court

Gauri Shanker DubeyversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The Court held that the dismissed writ case may be restored and ordered its reinstatement.

Summary

The petitioner, Gauri Shanker Dubey, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 18419 of 2016, which had been dismissed for his non‑appearance on 10 May 2024. The petition argued that the dismissal was procedural and that restoration was warranted. The High Court examined whether the court could revive a dismissed writ proceeding on the basis of a restoration application. Finding no substantive impediment and noting the procedural nature of the default, the Court allowed the restoration. Consequently, the original writ case was reinstated to its file for further adjudication.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑appearance can be restored upon a petitioner's application.

Subjects

restoration of suit
civil writ jurisdiction
non‑appearance
procedural law
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.329 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.18419 of 2016
                 ======================================================
                 Gauri Shanker Dubey Son of Late Mukhram Dubey, resident of village-
                 Turtipar, P.S.- Ubhan, District- Balia (U.P.) at present retired Head Master,
                 Government Aided Middle School, Akauna, Anchal - Punpun, District -
                 Patna.


                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar.
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 Vikash Bhawan, Patna.
           3.    The Principal Secretary, Department of Finance, Government of Bihar, Old
                 Secretariat, Patna.
           4.    The Director, Primary Education, Department of Education, Government of
                 Bihar, Vikash Bhawan, Patna.
           5.    The District Education Officer, Patna.
           6.    The District Programme Officer Establishment, in the office of District
                 Education Officer, Patna.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr.Sanjeev Kumar

                 For the Opposite Party/s :      Mr.Standing Counsel 13

                                              Mr. Bijay Bhushan Prasad, AC to SC 13

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   18-02-2026           1. Heard the parties.

                          2. The present application has been filed for restoration of

                   C.W.J.C. No. 18419 of 2016, which got dismissed due to non

                   appearance vide order dated 10.05.2024.

                          3. For the reasons stated in this application, the same is
           Patna High Court MJC No.329 of 2025(3) dt.18-02-2026
                                                       2/2




                     allowed and the connected case bearing C.W.J.C. No. 18419 of

                     2016 is restored to its original file.



                                              (Anil Kumar Sinha, J)
praful/-

U

Continue reading with your account

Checking your session…