Patna High Court
Manoj KumarversusThe Director C.B.I.
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition dismissed for want of prosecution may be restored; the petition for restoration is allowed.
Summary
Manoj Kumar, a teacher, filed a petition before the Patna High Court seeking restoration of his earlier writ petition (C.W.J.C. No. 7637 of 2015) which had been dismissed for want of prosecution on 7 December 2022. He explained that he could not attend the hearing on the scheduled date because he was on duty and pledged to be more vigilant in the future. The Court considered his explanation, the submissions made by his counsel, and the circumstances surrounding the dismissal. Justice Mohit Kumar Shah held that, given the facts, it was appropriate to restore the writ petition to its original file. Consequently, the petition for restoration was allowed and the writ petition was ordered to be reinstated.
Issues considered
- Whether a writ petition dismissed for want of prosecution can be restored to its original file?
Subjects
- restoration of writ
- want of prosecution
- civil writ jurisdiction
- high court
- petition for restoration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.367 of 2023
In
Civil Writ Jurisdiction Case No.7637 of 2015
======================================================
Manoj Kumar S/o Sri Mahendra Prasad Singh, working teacher of Navodaya
Vidyalaya, Permanent Resident of Mohalla Biratpur, DR S.D. Singh Path,
P.S.Town Thana, Dist-Aurangabad, Bihar, 824101.
... ... Petitioner/s
Versus
1. The Director C.B.I. C.G.O. Complex, New Delhi-110003.
2. The Joint Director C.B.I./A.C.B. Patna Zone Dr. S.K. Singh Path Bailey
Road, Patna-800022.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar(In Person)
For the Opposite Party/s : Mr.Nivedita Nirvikar(SC CBI)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 24-04-2026 The present petition has been filed for
restoration of a writ petition bearing C.W.J.C. No.
7637 of 2015, which has stood dismissed for want
of prosecution vide order dated 07.12.2022.
2. The petitioner appearing in person submits
that on the day the aforesaid writ petition was
listed for hearing, he was on duty, hence he could
not attend the Court hearing, however it is
submitted that he would be vigilant and attentive
in future. Thus, it is submitted that a sympathetic
view be taken and the aforesaid writ petition be
Patna High Court MJC No.367 of 2023(4) dt.24-04-2026
2/2
restored to its original file.
3 Having regard to the facts and circumstances
of the case, considering the submissions made by
the learned counsel for the petitioner as also
taking into account the averments made in the
present petition, I deem it fit and appropriate to
direct for restoration of the aforesaid writ petition
bearing C.W.J.C. No. 7637 of 2015 to its original
file.
4. The present petition stands allowed.
(Mohit Kumar Shah, J)
S.Sb/-
U
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