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Patna High Court

Madan KumarversusThe State of Bihar through the Secretary Panchayati Raj, Bihar

Decided
Disposal
ALLOWED

Holding

The Court restored the dismissed civil writ case to the original record, subject to a deposit of Rs. 2,000.

Summary

The petitioner, Madan Kumar, filed a miscellaneous application seeking restoration of Civil Writ Jurisdiction Case No. 4446 of 2023, which had been dismissed for default due to non‑compliance with an order dated 18‑07‑2023. The petitioner argued that the failure to comply was due to an inadvertent mistake and assured that such a lapse would not recur. The learned counsel for the State opposed the restoration. The Court, satisfied with the petitioner's explanation, ordered that the dismissed case be restored to the original record, subject to a deposit of Rs. 2,000 in the Advocates’ Association account. Consequently, the miscellaneous application was allowed.

Issues considered

  • Whether a civil writ case dismissed for default can be restored on the ground of inadvertent mistake in complying with the court's order

Subjects

  • procedural law
  • default dismissal
  • restoration of suit
  • civil writ jurisdiction
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No. 3695 of 2024
                                                     In
                              Civil Writ Jurisdiction Case No.4446 of 2023
                 ======================================================
                 Madan Kumar Son of Vishwanath Bhagat, Resident of Vilalge-Chamandih,
                 Near Shiv Mandir, Thakurbari, P.S. Kurtha, District-Arwal-804421.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Secretary Panchayati Raj, Bihar Patna.
           2.    The Commissioner, Magadh Division, Gaya.
           3.    The District Magistrate, Arwal.
           4.    The Deputy Collector Land Reform, Arwal.
           5.    The Sub-Divisional Officer, Arwal.
           6.    The District Programme Officer, Arwal.
           7.    The Deputy Development Commissioner, Arwal.
           8.    The Circle Officer, Sonbhadra, District Arwal.
           9.    The Mukhiya, Gram Panchayat Raj Chamandi, District Arwal.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Surendra Kishore Thakur, Advocate
                 For the Opposite Party/s :    Mr. Government Pleader 6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-04-2026                   Learned counsel for the petitioner and learned

                   counsel for the State are present.

                                 2. The present application has been filed for

                   restoration of CWJC No.4446 of 2023, which was dismissed for

                   default due to non-compliance of order dated 18.07.2023.

                                 3. Learned counsel for the petitioner submits that due

                   to inadvertent mistake the order could not be complied within

                   time. As such, this case was dismissed for default. Counsel
         Patna High Court MJC No. 3695 of 2024(3) dt.03-04-2026
                                                     2/2




                   submits that in future such mistake shall not take place.

                                 4. Being satisfied with the grounds mentioned in the

                   MJC petition, let the present CWJC No.4446 of 2023 is directed

                   to be restored to its original record subject to deposit of rupees

                   two thousand in the account of Advocates’ Association, Patna

                   High Court.

                                5. Accordingly, this miscellaneous application is

                   allowed.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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