Patna High Court

Arun Kumar @ Arun Kumar KandhweversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The dismissal for non‑prosecution was set aside and the civil writ case was restored to its original file.

Summary

Arun Kumar and Arvind Kumar filed a petition before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No.3637 of 2017, which had been dismissed for non‑prosecution on 8 September 2025. The petitioners argued that the dismissal was erroneous and that the case should be reinstated. The Court examined the procedural lapse and, without detailed reasoning, allowed the accompanying Miscellaneous Jurisdiction Case No.3291 of 2025. Consequently, the Court restored the dismissed civil writ case to its original file. The order effectively set aside the earlier dismissal and permitted the petitioners to pursue their remedy.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored?

Subjects

restoration of dismissed case
non‑prosecution
civil writ jurisdiction
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3291 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.3637 of 2017
                 ======================================================
           1.     Arun Kumar @ Arun Kumar Kandhwe son of Late Ram Lakhan Lal,
                  Resident of Village- Hisua, Police Station - Hisua, District- Nawada.
           2.    Arvind Kumar @ Arbind Kumar Kandhwe, Son of Late Ram Lakhan Lal,
                 Resident of Village- Hisua, Police Station - Hisua, District- Nawada.

                                                                          ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar.
           2.    The Director, the Directorate of Archives Goverment of Bihar, Bailey Road,
                 Patna.
           3.    The Deputy Collector, Incharge, District Board Room, Nawada.
           4.    The District Settlement Officer, Gaya.
           5.    The Assistant Settlement Officer (Headquarter), Gaya.
           6.    The Collector Nawada.
           7.    The Revenue Officer, Nawada.
           8.    The Deputy Collector, Land Reform Nawada.
           9.    The Circle Officer, HIsua, Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ajey Kumar, Advocate
                 For the Opposite Party/s :    Mr.Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-03-2026                  Heard the parties.

                                2. The present petition has been preferred for

                   restoration of CWJC No. 3637 of 2017 which was dismissed

                   for non-prosecution on 08.09.2025.

                                3. In view of the statement made in paragraph-03, the
         Patna High Court MJC No.3291 of 2025(3) dt.18-03-2026
                                                     2/2




                   MJC No. 3291 of 2025 is allowed.

                                4. The C.W.J.C. No. 3637 of 2017 is restored to its

                   original file.



                                                  (Rajiv Roy, J)
Ravi/-

U

Continue reading with your account

Checking your session…