Patna High Court
Md. Imtiyaz AlamversusThe State of Bihar through the Principal Secretary Department of Land and Revenue
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The High Court allowed the application and restored C.W.J.C. No.6964 of 2017 to its original file.
Summary
The petitioners, four brothers, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No.6964 of 2017, which had been dismissed for non‑compliance with an order dated 27‑03‑2018. The State of Bihar and several local officials were respondents. The petition argued that the procedural defects pointed out by the Office/Stamp Reporter should be ignored. The Court examined the petitioner's submission and found no merit in the defect argument. Consequently, the Court directed the Office to issue notice to respondents No.6‑8 and complete service formalities. For the interest of justice, the Court allowed the miscellaneous jurisdiction application and restored the original writ case to the file.
Issues considered
- Whether the dismissal of C.W.J.C. No.6964 of 2017 for non‑compliance can be set aside and the case restored
- Whether the procedural defects identified by the Office/Stamp Reporter warrant dismissal of the petition
Subjects
- civil writ jurisdiction
- restoration of case
- non‑compliance order
- high court procedure
- miscellaneous jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3672 of 2025
In
Civil Writ Jurisdiction Case No.6964 of 2017
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1. Md. Imtiyaz Alam Son of Late Nasim Akhtar, resident of Chaubra Tola,
Ghoghi Math, P.S.- Anti, District- Gaya.
2. Md. Saddam Hussain, Son of Late Nasim Akhtar, resident of Chaubra Tola,
Ghoghi Math, P.S.- Anti, District- Gaya.
3. Md. Sanaullah, Son of Late Nasim Akhtar, resident of Chaubra Tola, Ghoghi
Math, P.S.- Anti, District- Gaya.
4. Md. Ahtsam Akhtar, Son of Late Nasim Akhtar, resident of Chaubra Tola,
Ghoghi Math, P.S.- Anti, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Land and
Revenue Govt. of Bihar, Patna.
2. The Commissoner, Magadh Division, Gaya.
3. The District Magistrate, Gaya.
4. The Sub-Divisional Officer, Tekari, Gaya.
5. The Anchal Adhikari, Konch, Gaya.
6. Salauddin, Son of Late Samsuddin, Resident of Chaubra Tola, Ghoghi Math,
P.S.- Anti, District- Gaya.
7. Reyazuddin, Son of Late Samsuddin, Resident of Chaubra Tola, Ghoghi
Math, P.S.- Anti, District- Gaya.
8. Gayashuddin, Son of Late Samsuddin, Resident of Chaubra Tola, Ghoghi
Math, P.S.- Anti, District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nand Kishore Prasad Sinha
For the Opposite Party/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. In view of the submission so made by the learned
counsel for the petitioner, the defect(s), as pointed out by the
Patna High Court MJC No.3672 of 2025(3) dt.13-02-2026
2/2
Office / Stamp Reporter, are ignored.
3. The present application has been filed for
restoration of C.W.J.C. No. 6964 of 2017, which was dismissed
for non-compliance of the order dated 27.03.2018.
4. Office is directed to accept the requisites filed for
issuing notice upon the respondent Nos.6 to 8 and carry out
further formalities for effecting service of notice, within the
time allowed.
5. For the reasons stated in this application and in the
interest of justice, the present M.J.C. is allowed and,
accordingly, C.W.J.C. No. 6964 of 2017 is restored to its
original file.
(Ajit Kumar, J)
sharun/-
U
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