Patna High Court

Supan MahtoversusThe State of Bihar

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

Holding

The Court held that the earlier dismissed civil writ petition may be restored to its original file.

Summary

Supan Mahto filed an application seeking restoration of Civil Writ Jurisdiction Case No. 15261 of 2015, which had been dismissed for non‑appearance on 14 July 2025. The petition argued that the dismissal was improper and cited reasons in paragraphs 4 and 5 of the application. The High Court examined these reasons and held that the dismissal could be set aside. Consequently, the Court allowed Miscellaneous Jurisdiction Case No. 3566 of 2025 and ordered that the original writ petition be restored to its file. The order effectively reinstates the earlier proceedings.

Issues considered

Whether a civil writ petition dismissed for non‑appearance can be restored to its original file.
Whether the reasons pleaded in the restoration application justify setting aside the dismissal.

Subjects

restoration of writ
non‑appearance
civil writ jurisdiction
procedural law
High Court order

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Jurisdiction Case No.3566 of 2025
                                                          In
                                    Civil Writ Jurisdiction Case No.15261 of 2015
                     ======================================================
                     Supan Mahto son of Late Badri Mahto, R/o- Vill.- Mirpur Bhual, P.O and
                     P.S.- Dighwara, District- Saran.
                                                                               ... ... Petitioner/s
                                                        Versus
                1.    The State of Bihar Bihar.
                2.   The Collector, Saran(Sri Aman Samir, IAS).
                3.   The Anchal Adhikari, Dighwara, Saran (Sri Mithu Prasad).
                4.   Upendra Rai, son of Ashok Rai, resident of village- Mirpur Bhual, P.O and
                     P.S.- Dighwara, District- Saran.

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s      :     Mr. Shri. Nandan Prasad Singh, Sr. Adv.
                                                     Mr. Mukund Kumar, 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 filed for restoration of

                       CWJC No. 15261 of 2015 to its original file which was dismissed for

                       non-appearance vide an order dated 14th July 2025.

                                     3. For the reasons assigned in Paragraph nos. 4 and 5 of

                       the petition, the MJC No. 3566 of 2025 is allowed.

                                     4. Accordingly, the CWJC No. 15261 of 2015 is restored

                       to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U

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