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Patna High Court

Shiv Nandan YadavversusThe State of Bihar through Principal Secretary, Department of Land and Revenue, Old Secretariat

Decided
Disposal
ALLOWED

Holding

The court held that the application for restoration is allowed and the dismissed case is restored to its original file.

Summary

The petitioner, Shiv Nandan Yadav, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 3521 of 2019, which had been dismissed for non‑prosecution on 27 March 2025. The opposite parties raised no objection to the restoration. The court examined the reasons provided in the application and found them sufficient to justify reinstating the dismissed case. Accordingly, the court ordered that the case be restored to its original file, subject to the petitioner paying a cost of Rs.1,000 to the Lawyers’ Association Welfare Benevolent Fund within four weeks. The application was then disposed of.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored upon an application supported by sufficient reasons?

Subjects

  • restoration of dismissed case
  • civil writ jurisdiction
  • non‑prosecution
  • cost order
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3559 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.3521 of 2019
                 ======================================================
                 Shiv Nandan Yadav S/o Late Jivlal Yadav, Resident of Village Ghutiya, P.S.-
                 Magadh Medical, District- Gaya.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Department of Land and
                 Revenue, Old Secretariat Patna-1, District- Patna.
           2.    The Commissioner, Magadh Division, Gaya, District- Gaya.
           3.    The District Magistrate, Gaya, District Gaya.
           4.    The Land Reforms Deputy Collector, Sadar Gaya, District Gaya.
           5.    The Circle Officer, Town, Gaya, District Gaya.
           6.    Rajesh Kumar, S/o Late Budhu Yadav, Resident of Village Ghutiya,
                 P.S/Magadh Medical, District Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Praveen Kumar, Advocate.
                 For the Opposite Party/s :    Mr. Standing Counsel-25.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   10-04-2026                  1. Heard learned counsel for the petitioner and learned

                   counsel for the opposite parties.

                                2. This application has been filed for restoration of

                   C.W.J.C. No.3521 of 2019, which stood dismissed due to non-

                   prosecution on 27.03.2025.

                                3. Learned counsel for the opposite parties has no

                   objection to this petition.

                                4. The reasons stated in the restoration application and

                   the submissions made in support thereof are sufficient to allow
          Patna High Court MJC No.3559 of 2025(3) dt.10-04-2026
                                                      2/2




                    the application.

                                 5. In view of the submission of the learned counsel for

                    the parties and considering the averments made in the

                    application, the instant application is allowed and the C.W.J.C.

                    No.3521 of 2019 is restored to its original file, subject to

                    payment of Rs.1,000/- (Rupees One Thousand) as cost to be

                    paid by the petitioner in the Lawyers’ Association Welfare

                    Benevolent Fund in Indian Bank, Branch- LNMI having Bank

                    Account No. 7801893276, IFSC Code – IDIB000L501 within a

                    period of four weeks from the date of passing this order.

                                 6. This Application is, accordingly, disposed of.



                                            (Sunil Dutta Mishra, J)
Ritik/-

U


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