Patna High Court
Raisa KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The Court set aside the default dismissal and restored Civil Writ Jurisdiction Case No. 15930 of 2010, subject to payment of Rs. 500 to the Legal Services Committee.
Summary
The petitioners, heirs of the late Md. Samsul Hoda, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 15930 of 2010, which had been dismissed in default for failing to comply with an order dated 12‑08‑2024. The petition argued that the default dismissal was premature and that they were willing to comply with the procedural requirements. The High Court examined whether the default judgment could be set aside and the case reinstated upon payment of a nominal fee. The Court allowed the application, directing the petitioners to pay Rs. 500 to the Patna High Court Legal Services Committee, the amount to be used for purchasing flower pots. Upon receipt of the payment, the Court restored the original case to its file for hearing on its merits. The order effectively revived the proceedings that had been previously dismissed.
Issues considered
- Whether a case dismissed in default for non‑compliance can be restored upon payment of a nominal fee
- Whether the Court has jurisdiction to set aside the default dismissal and reinstate the original case
Subjects
- default judgment
- restoration of suit
- civil writ jurisdiction
- procedural compliance
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3573 of 2024
In
Civil Writ Jurisdiction Case No.15930 of 2010
======================================================
1. Raisa Khatoon W/o- Late Md. Samsul Hoda (Dead) Resident of Mohalla-
Begampur, P.S.- Arrah Town, District- Bhojpur at Arrah.
2. Md. Parvez Alam, S/o Late Md. Samsul Hoda Resident of Mohalla-
Begampur, P.S.- Arrah Town, District- Bhojpur at Arrah.
3. Md. Suhail Alam, S/o Late Md. Samsul Hoda Resident of Mohalla-
Begampur, P.S.- Arrah Town, District- Bhojpur at Arrah.
4. Md. Isteyak Ali, S/o Late Md. Samsul Hoda (Dead) Resident of Mohalla-
Begampur, P.S.- Arrah Town, District- Bhojpur at Arrah.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt of
Bihar, Patna.
3. The Collector, Bhojpur at Arrah.
4. The Survey Superintendent, Bihar and Orissa Municipal Survey Act District-
Bhojpur At Arra.
5. The Assistant Survey Superintendent of Bihar Municipal Survey Act,
District- Bhojpur at Arrah.
6. Nageshwer Bhagat, S/o Bajrang Bhagat x
7. Bindeshwer Bhagat, S/o Bajarang Bhagat x
8. Rajeshwer Bhagat, S/o Bajarang Bhagat x
9. Meera Devi, W/o late Ramjanam Bhagat The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Narayan, Adv.
For the Opposite Party/s : Mr. Additional Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-01-2026 Heard Mr. Amarendra Narayan, learned counsel for
the petitioner and the State.
2. The present application has been preferred:
for an order restoring CWJC No.
Patna High Court MJC No.3573 of 2024(3) dt.16-01-2026
2/2
15930 of 2010 in original file for hearing
and disposal of the case on merit, which got
dismissed in default due to non-compliance
of the order dated 12.08.2024.
3. For the reasons assigned in Paragraph nos. 5 and 6
of the petition, the MJC No. 3573 of 2024 is allowed subject to
payment of Rs. 500 to Patna High Court Legal Services
Committee and the amount in turn shall be handed over to the
SUVAS Cell, Patna High Court for purchase of flower pots.
4. Accordingly, the CWJC NO. 15930 of 2010 is
restored to its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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