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Patna High Court

Md. Imtiyaz AlamversusThe State of Bihar through the Principal Secretary Department of Land and Revenue

Decided
Disposal
ALLOWED

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
                 ======================================================
           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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