Patna High Court

Dheeraj KumarversusThe State of Bihar

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

Holding

The writ petition dismissed for non‑prosecution is restored to its original file upon payment of Rs. 500 to the Legal Services Committee.

Summary

Petitioner Dheeraj Kumar filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 4593 of 2014, which had been dismissed for non‑prosecution on 30 June 2025. The High Court examined whether a dismissal on that ground could be set aside. It held that the dismissal could be reversed if the petitioner complied with a nominal fee requirement. Accordingly, the court ordered the petitioner to pay Rs. 500 to the Patna High Court Legal Services Committee and restored the writ petition to its original file. The order effectively reinstated the earlier proceedings.

Issues considered

Whether a writ petition dismissed for non‑prosecution may be restored upon payment of a fee
Whether the High Court has jurisdiction to order restoration of a dismissed civil writ case

Subjects

restoration of writ petition
non‑prosecution dismissal
Civil Writ Jurisdiction
Legal Services Committee fee
High Court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.333 of 2026
                                                        In
                                 Civil Writ Jurisdiction Case No.4593 of 2014
                  ======================================================
                  Dheeraj Kumar S/o Late Kapildeo Singh, Resident of Village Badi Milki, PO
                  and PS Rajgir, District Nalanda.                         ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the Collector, Nalanda.
            2.    The Additional Collector, Nalanda at Biharsharif.
            3.    The Deputy Collector Land Reforms, Rajgir, Nalanda.
            4.    The Circle Officer, Rajgir, Nalanda.
            5.     Nirja Yadav, Wife of Birendra Kumar Yadav, Resident of P.S. Rajgir,
                   District- Nalanda, Bari Khanjanpur Old NCC Building, Mohalla - Mukti
                   Vidyalya Lane, Tilka Manjhi Chowk, Byhagalpur.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Vinay Mistry, Advocate
                  For the Opposite Party/s :    Mr.Additional Advocate General 12
                  ======================================================
                  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.4593 of 2014 which was dismissed for

                    non-prosecution on 30.06.2025.

                                 3. For the reason assigned in paragraph-4, the MJC

                    No. 333 of 2026 is allowed subject to payment of Rs.500/- with

                    the Patna High Court Legal Services Committee.

                                 4. The C.W.J.C. No. 4593 of 2014 is restored to its

                    original file.

                                                (Rajiv Roy, J)
Ravi/-

U

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Lawyer court records for this case

Associated through the court’s case reference.

Vinay Mistry