Created by Fuzzy Cloud

Patna High Court

Purushottam Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court restored CWJC No. 10061 of 2023 to its original file, subject to payment of Rs. 500 to the Legal Services Committee.

Summary

Petitioner Purushottam Kumar Singh filed an application seeking restoration of his civil writ jurisdiction case (CWJC No. 10061 of 2023) which had been dismissed on 06-08-2024 for want of prosecution. The High Court examined the reasons provided in the petition, noting that the dismissal was procedural and that the petitioner was willing to comply with the requirement of paying a nominal fee to the Legal Services Committee. The Court held that the petition was maintainable and ordered the restoration of the dismissed case, subject to payment of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the original case file was reinstated to its original docket. The order was delivered by Justice Rajiv Roy.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for want of prosecution can be restored upon filing of an application and payment of a prescribed fee

Subjects

  • civil writ jurisdiction
  • restoration of dismissed case
  • want of prosecution
  • legal services fee
  • high court order

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Jurisdiction Case No.3360 of 2025
                                                          In
                                    Civil Writ Jurisdiction Case No.10061 of 2023
                     ======================================================
                     Purushottam Kumar Singh S/o Mohan Prasad Singh, R/o Odachak Gobrain,
                     PS Sajour, District Bhagalpur.
                                                                                 ... ... Petitioner/s
                                                        Versus
                1.    The State of Bihar through the Additional Chief Secretary, Panchayati Rajya
                      Department, Government of Bihar, Patna.
                2.   The Additional Chief Secretary, Panchayati Rajya Department, Government
                     of Bihar, Patna.
                3.   The District Magistrate, Bhagalpur.
                4.   The District Panchayati Rajya Officer, Bhagalpur.
                5.   The B.D.O., Sahkund, Bhagalpur.
                6.   The Circle Officer, Sahkund, Bhagalpur.
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Amit Ranjan, Adv.
                     For the Opposite Party/s :     Mr. Government Advocate 5
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
4    30-01-2026                      Heard the parties.

                                    2. The present application has been preferred for

                       restoration of CWJC No. 10061 of 2023 which was dismissed for

                       want of prosecution vide order an dated 06.08.2024.

                                    3. For the reasons assigned in Paragraph nos. 3 and 4 of

                       the petition, the MJC No. 3360 of 2025 is allowed subject to payment

                       of Rs. 500/- to Patna High Court Legal Services Committee.

                                    4. Accordingly, the CWJC No. 10061 of 2023 is restored

                       to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.