Patna High Court

Maheshwari SharmaversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

The High Court restored CWJC No. 9930 of 2015 after the petitioners agreed to pay the required fee.

Summary

The petitioners, a group of residents of Ismilepur village, filed an application (MJC No. 3482 of 2025) seeking restoration of a civil writ jurisdiction case (CWJC No. 9930 of 2015) that had been rejected on 4 August 2025 for failure to comply with a court order dated 14 July 2025. The High Court examined whether the earlier rejection could be set aside upon fulfillment of the procedural requirement of paying a nominal fee. It held that the petitioners had satisfied the condition by agreeing to pay Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the court allowed the application subject to the payment of the fee. The CWJC No. 9930 of 2015 was thereby restored to its original file for further adjudication.

Issues considered

Whether a civil writ jurisdiction case rejected for non‑compliance can be restored upon payment of the prescribed fee
Whether the payment of Rs. 500 to the Legal Services Committee satisfies the condition for restoration

Subjects

restoration of writ
civil writ jurisdiction
non‑compliance
legal services fee
high court order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.3482 of 2025
                                        In
                  Civil Writ Jurisdiction Case No.9930 of 2015
     ======================================================
1.    Maheshwari Sharma Son of Late Panchu Sharma Resident of Village-
      Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
      Bhagalpur.
2.   Braj Kishore Thakur, Son of Late Dilo Thakur Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
3.   Kartik Thakur, Son of Late Dilo Thakur Resident of Village- Narayanpur
     Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District- Bhagalpur.
4.   Dhanik Lal Thakur, Son of Late Shiv Thakur Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
5.   Gajendra Mandal, Son of Late Bhajal Mandal Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
6.   Kamleshwary Mandal, Son of Late Bajranji Mandal Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
7.   Bhattu Mandal, Son of Late Chulhai Mandal Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
8.   Parma Nand Mandal, Son of Late Ram Mandal Resident of Village-
     Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
     Bhagalpur.
9.   Jhikshu Sharma, Son of Late Bihari Sharma Resident of Village- Narayanpur
     Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District- Bhagalpur.
10. Radha Mandal, Son of Late Parmeshwar Mandal Resident of Village-
    Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
    Bhagalpur.
11. Sanichar Mandal, Son of Late Mahabir Mandal Resident of Village-
    Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
    Bhagalpur.
12. Mostt. Jichho Devi, Wife of Late Chandra Shekhar Mandal Resident of
    Village- Narayanpur Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District-
    Bhagalpur.

                                                              ... ... Petitioner/s
                                       Versus
1.   The State of Bihar Bihar.
2.   The Commissioner, Bhagalpur Division, Bhagalpur.
3.   The Collector, Bhagalpur, District- Bhagalpur.
           Patna High Court MJC No.3482 of 2025(4) dt.30-01-2026
                                                       2/2




                4.   The Deputy Collector, Land Reform, Naugachia, District- Bhagalpur.
                5.   The Circle Officer, Ismilepur, District- Bhagalpur.
                6.   The Circle Officer, Gopalpur, District- Bhagalpur.
                7.   The Halka Karamchari, Ismilepur, District- Bhagalpur.
                8.   Jhuthan Mandal, Son of Late Garju Mandal Resident of Village- Narayanpur
                     Newa Lal Das Tola Ismilepur, P.S.- Ismilepur, District- Bhagalpur.

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Rajesh Kumar Pandey, Adv.
                     For the Opposite Party/s :     Mr. Additional Advocate General 12
                     ======================================================
                     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. 9930 of 2015 which stood rejected on

                       04.08.2025 for non-compliance of order dated 14.07.2025

                       consigned by this Court on 21.08.2025.

                                    3. For the reasons assigned in Paragraph nos. 3 to 5 of

                       the petition, the MJC No. 3482 of 2025 is allowed subject to

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

                       Committee.

                                    4. Accordingly, the CWJC No. 9930 of 2015 is restored

                       to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U

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