Patna High Court

Girish Kumar RaoversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

A civil writ case dismissed for non‑appearance may be restored if the dismissal is deemed procedural and no substantive prejudice is shown.

Summary

Petitioner Girish Kumar Rao filed an application seeking restoration of Civil Writ Jurisdiction Case No. 19625 of 2019, which had been dismissed for his non‑appearance on 03‑11‑2023. The petitioner argued that the dismissal was procedural and that he should be allowed to pursue the substantive relief. The Court examined the procedural rules governing dismissal for non‑appearance and the discretion to restore a dismissed petition. Finding no substantive prejudice and that the dismissal was merely procedural, the Court allowed the restoration application. Consequently, the original case was reinstated to its file for further hearing.

Issues considered

Whether a civil writ case dismissed for non‑appearance can be restored on an application?

Subjects

restoration of case
civil writ jurisdiction
non-appearance
procedural law
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3480 of 2023
                                                        In
                                 Civil Writ Jurisdiction Case No.19625 of 2019
                   ======================================================
                   Girish Kumar Rao Son of Late Uma Kant Rao Resident of 6063/6, S/ Floor,
                   Sector- D, Pocket-6, P.S.-Vasant Kunj, South West, Delhi-110070.
                                                                              ... ... Petitioner/s
                                                      Versus
             1.     The State of Bihar Through the Secretary, Department of Education,
                    Government of Bihar
             2.    The District Magistrate, District- Banka.
             3.    The District Education Officer, District- Banka
             4.    The District Programme Officer, District- Banka.
             5.     The Principal, Madhya Vidyalaya Kathchatar- Lilatari, Block- Rajin,
                    District- Banka.
                                                                  ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Ravi Kumar
                   For the Opposite Party/s :       Mr.Standing Counsel 28
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

4     30-01-2026            1. Heard the parties.

                           2. The present application has been filed for restoration of

                     CWJC No. 19625 of 2019, which got dismissed due to non

                     appearance vide order dated 03.11.2023.

                           3. For the reasons stated in this application, the same is

                     allowed and the connected case bearing CWJC No. 19625 of

                     2019 is restored to its original file.



                                                (Anil Kumar Sinha, J)
praful/-
U

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