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Patna High Court

Shiv Sakhi Market Committee, represented through the Secretary Shivji PrasadversusThe State of Bihar represented through Collector Buxar

Decided
Disposal
ALLOWED

Holding

A writ petition dismissed for non‑prosecution may be restored if the restoration application is filed within the statutory limitation period, subject to the petitioner curing the identified defects within a stipulated time.

Summary

The petitioner, Shiv Sakhi Market Committee, filed a restoration application for Civil Writ Jurisdiction Case No.15374 of 2021, which had been dismissed on 20-08-2025 for non‑prosecution and failure to cure defects. The petition sought restoration within the statutory limitation period. The High Court examined whether the dismissal could be set aside despite the lapse and considered the petitioner’s right to cure the procedural defects. The Court held that the restoration application was filed within the limitation period and therefore could be entertained. Consequently, the Court allowed the restoration, directing the petitioner to rectify the identified defects within one week, failing which the writ petition would be dismissed, and disposed of the miscellaneous jurisdiction case.

Issues considered

  • Whether a writ petition dismissed for non‑prosecution can be restored when the restoration application is filed within the limitation period
  • Whether the petitioner must be given an opportunity to cure the procedural defects before final dismissal

Subjects

  • restoration of writ petition
  • non‑prosecution
  • limitation period
  • Civil Writ Jurisdiction
  • High Court procedural order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3423 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.15374 of 2021
                 ======================================================
                 Shiv Sakhi Market Committee, represented through the Secretary Shivji
                 Prasad aged about 68 years, S/o Late Kanhaiya Sao, Resident of Village
                 Brahm Pur, P.S.-Brahm Pur, Dist-Buxar-802112.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar represented through Collector, Buxar.
           2.    D.M. cum Collector, Buxar, Collectariate Buxar.
           3.    Add. Secretary Govt. of Bihar, Department of Revenue, Old Secretariat
                 Building, Patna.
           4.    Circle Officer Brahmpur, Dist-Buxar.
           5.    Add. Collector Buxar, Buxar.
           6.    President Zila Parisad, Buxar.
           7.    Sanjay Pandey, President Baba Brahmeswar Nath, Shiv Mandir Brahmpur,
                 Dist-Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tilak Sao, Advocate
                 For the Opposite Party/s :       Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   11-03-2026                  The present restoration application has been filed for

                   restoration of C.W.J.C. No.15374 of 2021, which                     stood

                   dismissed for non-prosecution by order dated 20.08.2025 due to

                   the absence of the petitioner or his learned Advocate and failure

                   by the petitioner from removing the defects in the writ petition.

                                2. The application has been filed for restoration

                   C.W.J.C. No.15374 of 2021 is within the statutory period of

                   limitation.
             Patna High Court MJC No.3423 of 2025(3) dt.11-03-2026
                                                         2/2




                                      3. In view of such circumstances, the present

                       restoration application is allowed and C.W.J.C. No.15374 of

                       2021 is restored to its original file, subject to condition that the

                       petitioner shall remove the defect(s) as pointed out by the Stamp

                       Reporter in the writ petition, if any, positively within one week

                       from the date of this order, failing which the writ petition shall

                       be dismissed without further reference to this Bench.

                                    4. Accordingly, the MJC No.3423 of 2025 stands

                       disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

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