Patna High Court

Shivkant SinghversusThe State of Bihar through Collector,

Decided: 16 January 2026
Disposal: ALLOWED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner had made out a case for restoration and therefore allowed the restoration of the dismissed appeal.

Summary

The petitioner, Shivkant Singh, filed an application before the Patna High Court seeking restoration of First Appeal No. 175 of 2018, which had been dismissed for default on 19 July 2022 for non‑compliance with a peremptory order dated 28 June 2022. The respondents – the State of Bihar and its officials – opposed the restoration. The court heard counsel for both sides and examined the petition. Finding that the petitioner had satisfactorily demonstrated a case for restoration, the court allowed the application. Consequently, the first appeal was restored to its original file.

Issues considered

Whether a first appeal dismissed for default can be restored on a petition filed thereafter

Subjects

restoration of appeal
default dismissal
procedural law
Patna High Court
first appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3501 of 2025
                                                     In
                                      FIRST APPEAL No.175 of 2018
                 ======================================================
                 Shivkant Singh son of Late Balram Singh, resident of village-Silao, Ward No.
                 2 under Silao Nagar Panchayat, Post office-Silao, Police station-Silao,
                 District-Nalanda (Bihar)

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Collector, Nalanda.
           2.    The District Land Acquisition Officer cum Land Acquisition Officer,
                 Nalanda at Bihar Sharif.
           3.    The Executive Engineer, Public Road Construction Department, Nalanda at
                 Bihar Sharif.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Aklavya Chandan Kumar, Advocate
                 For the Opposite Party/s :    Mr. Swapnil Kumar Singh, AC to GP- 19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                2. The instant application has been filed praying for

                   restoration of First Appeal no. 175 of 2018 which stood

                   dismissed for default on 19.7.2022 for non-compliance of the

                   peremptory order dated 28.6.2022.

                                3. Having heard learned counsel for the parties and

                   having perused the contents of the petition, the Court is satisfied

                   that the petitioner has made out a case for restoration.

                                4. The restoration application is allowed.
           Patna High Court MJC No.3501 of 2025(3) dt.16-01-2026
                                                       2/2




                                  5. First Appeal no. 175 of 2018 is restored to its

                     original file.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U

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