Patna High Court
Chandan Kumar @ Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition CWJC No.6044 of 2022 is restored to its original file.
Summary
The petitioner, Chandan Kumar, filed a petition under Section 151 of the Code of Civil Procedure seeking restoration of his earlier writ petition (CWJC No.6044 of 2022) which had been dismissed for non‑prosecution on 23 November 2023. The petitioner explained that his counsel was out of station and could not appear when the case was called for hearing, leading to the dismissal. The learned counsel pleaded for a sympathetic consideration to reinstate the writ petition. The Court examined the circumstances and the petitioner's submission, and found it appropriate to restore the writ petition to its original file. Consequently, the restoration petition was allowed.
Issues considered
- What is the appropriate remedy when a writ petition is dismissed for non‑prosecution due to counsel's absence?
Subjects
- restoration of writ
- non‑prosecution
- civil writ jurisdiction
- procedural default
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3458 of 2023
In
Civil Writ Jurisdiction Case No.6044 of 2022
======================================================
Chandan Kumar @ Chandan Kumar Singh Son of Kaushal Kishor Singh,
Resident of Village- Dihpur, P.S. Birpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Rural Development
Department, Govt. of Bihar, Patna.
2. The Deputy Development Commissioner, Begusarai.
3. The Sub Divisional Officer, Begusarai.
4. The Block Development Officer, Dhandhari, Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Government Advocate 2
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 08-05-2026 The present petition has been filed for restoration of a
writ petition bearing CWJC No.6044 of 2022, which has stood
dismissed on account of non-prosecution by an order dated
23.11.2023.
2. The learned counsel for the petitioner has submitted that
on account of the counsel for the petitioner being out of station,
he could not appear in the Court when the case was called out
for hearing, hence the aforesaid petition was dismissed on
account of non- prosecution. Thus a sympathetic view be taken
and the aforesaid writ petition be restored to its original file.
3. Having regard to the facts and circumstances of the case,
Patna High Court MJC No.3458 of 2023(4) dt.08-05-2026
2/2
considering the submissions made by the learned counsel for the
petitioner as also considering the averments made in the present
petition, I deem it fit and proper to restore the aforesaid writ
petition bearing CWJC No.6044 of 2022 to its original file.
4. The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
kanchan/-
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