Patna High Court
Madan KumarversusThe State of Bihar through the Secretary Panchayati Raj, Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
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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