Patna High Court
Shiv Sakhi Market Committee, represented through the Secretary Shivji PrasadversusThe State of Bihar represented through Collector Buxar
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
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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