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Patna High Court

Choudhary Seema KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the writ petition may be restored and allowed the restoration petition.

Summary

The petitioners, a group of women from various villages in Nalanda district, had earlier filed a civil writ petition (CWJC No.17790 of 2015) against the State of Bihar and its officials. That writ petition was dismissed on 21 September 2023 for non‑prosecution because the petitioners’ counsel could not appear. On 25 February 2026 they filed a miscellaneous jurisdiction petition (MJC No.3703 of 2023) seeking restoration of the dismissed writ on the ground that the counsel was engaged in another case. The petitioner’s counsel pleaded for a sympathetic view and restoration of the original writ. The Court, after considering the facts and submissions, deemed it fit and proper to restore the writ petition to its original file and allowed the restoration petition.

Issues considered

  • Whether a writ petition dismissed for non‑prosecution can be restored on the ground of counsel’s inability to appear

Subjects

  • restoration of writ
  • non‑prosecution
  • procedural law
  • civil writ jurisdiction
  • Patna High Court
  • Bihar

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.3703 of 2023
                                           In
                   Civil Writ Jurisdiction Case No.17790 of 2015
     ======================================================
1.    Choudhary Seema Kumari W/o Rajeev Kumar Resident of village
      Madanpur, P.S.- Ekangarsarai, District - Nalanda.
2.   Nagina Kumari, C/o Sri Bindeshwar Prasad Resident of Maghra Biharshrif,
     P.S.- Deepnagar, District - Nalanda.
3.   Anita Kumari, C/o Sri Ramprit Prasad Resident of village- Mohadinpur P.S.-
     Asthama, District - Nalanda.
4.   Nirjala Kumari, W/o Dev Prakash Sharma Resident of village - Sirgawan
     P.S. Parwalpur, District - Nalanda.
5.   Jyostana Kumari, W/o Sri Vijay Kumar Resident of village Parmanand
     Bigha P.S.- Noorsarai, District - Nalanda.
6.   Madhuri Kumari W/o Ravikant Kumar Resident of village Kathanpura P.S.-
     Noorsarai, District - Nalanda.
7.   Amita Kumari, W/o Sri Kiran Paswan Resident of village- Chatiana P.S.-
     Harnaut, District - Nalanda.
8.   Alka Sinha, W/o Surendra Kumar Resident of village Chabilapur, P.S.-
     Manpur, District - Nalanda.
9.   Manorma Kumari, W/o Badri Prasad Resident of village Barki Dhava, P.S.-
     Ekangersarai, District - Nalanda.
10. Gita Kumari, W/o Jitendra Kumar Resident of village Mahamadpur, P.S.-
    Asthama, District - Nalanda.
11. Poonam Kumari, W/o Munna Lal Resident of village Nerut, P.S.- Sare,
    District- Nalanda.
12. Sanju Kumari, W/o Yashwant Kumar Resident of village- Teternama, P.S.-
    Maanpur, District - Nalanda.
13. Kumari Sandhya, W/o Amit Kumar Resident of village- Dihra, P.S.-
    Harnaut, District- Nalanda.
14. Sudha Kumari Sinha, W/o Satendra Kumar Resident of Village- Bakor, P.S.-
    Islampur, District- Nalanda.
15. Sunita Kumari, W/o Umesh Prasad Resident of village- Telhara Tarper, P.S.-
    Telhara, District- Nalanda.
16. Anamika Sinha, W/o Rai Jitendra Bahadur Resident of village- Maanpur,
    P.S.- Sare District - Nalanda.
17. Poonam Kumari, W/o Murari Prasad Resident of village- Jana, P.S.- Sare,
    District- Nalanda.
18. Veena Kumari, W/o Vijay Kumar Resident of village- Mahabadpur, P.S.-
    Asthama, District - Nalanda.
19. Sahita Kumari, W/o Shashi Bhushan Prasad Resident of village Sadha, P.S.-
    Sarmera, District - Nalanda.
20. Sanju Kumari, W/o Awadhesh Sharma Resident of village Dhanama Dih,
         Patna High Court MJC No.3703 of 2023(4) dt.25-02-2026
                                                     2/3




                 P.S.- Sarmera, District- Nalanda.
           21. Anju Sinha, W/o Sanjay Kumar Resident of village- Majidpur, P.S.- Manpur
               District- Nalanda.
           22. Basumati Kumari, W/o Mukesh Kumar Resident of village- Malma, P.S.-
               Sare, District Nalanda.
           23. Indu Sinha, W/o Krishna Prasad Resident of village- Dhangawan, P.S.-
               Telhara, Dist.- Nalanda.

                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar through Principal Secretary- cum- Commissioner of
                 Social Welfare Department Government of Bihar, Sichai Bhawan, Old
                 Secretariat, Patna.
           2.    The Commissioner, Patna Division, Near Golghar, Patna.
           3.    The District Magistrate, Nalanda at Biharsharif.
           4.    The District Programme Officer, Nalanda at Biharshrif.
           5.    The District Pariyojna Programme Officer, Nalanda at Biharsharif.
           6.    Veena Kumari, W/o Sri Shrawan Ravidas, Resident of village- Asthama,
                 P.S.- Asthama, District - Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Bihari Tiwary, Advocate
                 For the Opposite Party/s :       Mr.Government Advocate 7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   25-02-2026             The present petition has been filed for restoration of a

                   writ petition bearing CWJC No.17790 of 2015, which has stood

                   dismissed on account of non-prosecution by an order dated

                   21.09.2023.

                   2.      The learned counsel for the petitioner has submitted that

                   since the counsel for the petitioner was engaged in another

                   Court, he could not appear when the case was called out for

                   hearing, hence a sympathetic view be taken and the aforesaid
            Patna High Court MJC No.3703 of 2023(4) dt.25-02-2026
                                                        3/3




                      petition be restored.

                      3.      Having regard to the facts and circumstances of the case,

                      considering the submissions made by the learned counsel for the

                      petitioner as also considering the averments made in the present

                      petition, I deem it fit and proper to restore the aforesaid writ

                      petition bearing CWJC No.17790 of 2015 to its original file.

                      4.      The present restoration petition stands allowed.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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