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Patna High Court

Domi MandalversusThe State of Bihar represented through the principal Secretary, Revenue Department,

Decided
Disposal
ALLOWED

Holding

The Court restored the dismissed CWJC No.12982 of 2016 upon the petitioners' payment of Rs.500 to the Patna High Court Legal Services Committee.

Summary

The petitioners Domi Mandal and Kishundeo Mandal filed a Miscellaneous Jurisdiction Case (MJC) No.3662 of 2025 seeking restoration of Civil Writ Jurisdiction Case (CWJC) No.12982 of 2016, which had been dismissed on 19.08.2025 for non‑prosecution. The High Court examined whether a dismissed writ petition could be revived upon compliance with procedural requirements, specifically the payment of a nominal fee to the Legal Services Committee. The Court held that the dismissal could be set aside provided the petitioners paid Rs.500 to the Legal Services Committee. Accordingly, the MJC was allowed subject to the payment, and the CWJC was restored to its original file. The order effectively reinstated the original writ petition for further adjudication.

Issues considered

  • What is the appropriate remedy when a civil writ petition is dismissed for non‑prosecution?
  • Can the dismissal be set aside upon payment of a fee to the Legal Services Committee?

Subjects

  • restoration of dismissed case
  • non‑prosecution
  • civil writ jurisdiction
  • legal services fee
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3662 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.12982 of 2016
                 ======================================================
           1.     Domi Mandal Son of Kishan Mandal, resident of Village Khankol, 1. P.S.
                  Forbesganj, District Araria
           2.    Kishundeo Mandal Son of Late Budho Mandal, resident of Village Baliadih,
                 P.S. Forbesganj, District Araria

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar represented through the principal Secretary, Revenue
                 Department, Government of Bihar, Patna.
           2.    The Sub Divisional Officer, Forbesganj, District, Araria
           3.    Chandra Kishore Mandal son of Late Tanuk Lal Mandal, resident of village
                 Baliadih, P.O. Amhara, PS Forbesganj, District Araria.
           4.    Kamaldeo Mandal son of Late Budho Mandal, resident of Village Baliadih,
                 P.S. Forbesganj, District Araria.
           5.    Basudeo Mandal son of Late Budho Mandal, resident of Village Baliadih,
                 P.S. Forbesganj, District Araria.
           6.    Deo Narayan Mandal son of Late Budho Mandal, resident of Village
                 Baliadih, P.S. Forbesganj, District Araria
           7.    Satya Narayan Mandal son of Late Budho Mandal, resident of Village
                 Baliadih, P.S. Forbesganj, District Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :    Mr.Standing Counsel- 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-02-2026                  Heard the parties.

                                2. The present petition has been preferred for

                   restoration of CWJC No.12982 of 2016              which was dismissed

                   for non-prosecution on 19.08.2025.

                                3. For the reasons assigned in paragraphs 09 to 10,

                   the MJC No. 3662 of 2025 is allowed subject to payment of
         Patna High Court MJC No.3662 of 2025(3) dt.06-02-2026
                                                     2/2




                   Rs.500/- with the Patna High Court Legal Services Committee.

                                4. The CWJC No.12982 of 2016 is restored to its

                   original file.



                                                  (Rajiv Roy, J)
Ravi/-

U


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