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Patna High Court

Shree PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A civil writ case dismissed for default may be restored if the petitioner complies with the court’s order and pays the prescribed fee.

Summary

Petitioner Shree Paswan filed a petition in the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 17148 of 2016, which had been dismissed for default due to non‑compliance with an order dated 18‑08‑2025. The court examined the reasons set out in the petition and considered whether the default dismissal could be set aside upon fulfillment of the pending requirement. It directed that the petition be allowed subject to the petitioner paying a fee of Rs. 500 to the High Court Legal Services Committee. Upon payment of the fee, the court restored the dismissed case to its original file. The order thereby reinstated the petitioner’s original writ proceedings.

Issues considered

  • Whether a civil writ case dismissed for default can be restored upon filing a petition and compliance with the court’s earlier order
  • Whether payment of a nominal fee to the Legal Services Committee is a condition precedent for restoration

Subjects

  • restoration of dismissed case
  • civil writ jurisdiction
  • default dismissal
  • legal services fee
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3604 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.17148 of 2016
                 ======================================================
                 Shree Paswan Resident of Village Dhakjari, Post Office Dhakjari, Police
                 Station Arer, District Madhubani.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar.
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The Collector, District Madhubani.
           4.    The Deputy Collector, Land Reforms, Benipatti, District Madhubani.
           5.    The Sub Divisional Officer, Benipatti, District Madhubani.
           6.    The Anchal Adhikari, Benipatti, District Madhubani.
           7.    Sanjay Kumar Mishra, Son of Late Shankar Mishra, Resident of Village
                 Dhakjari, PS Arer, District Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dhirendra Kumar Jha, Adv.
                 For the Opposite Party/s :    Mr. Government Pleader 14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   13-02-2026                    Heard the parties.

                                2. The present application has been preferred for

                   restoration of CWJC No. 17148 of 2016 which stood dismissed

                   for default for non-compliance of the order dated 18.08.2025

                   vide an order dated 09.09.2025 passed by this Court.

                                3. For the reasons assigned in Paragraph nos. 4 to 7 of

                   the petition, the MJC No. 3604 of 2025 is allowed subject to

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

                   Committee.
           Patna High Court MJC No.3604 of 2025(4) dt.13-02-2026
                                                       2/2




                                  4. Accordingly, the CWJC No. 17148 of 2016 is

                     restored to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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