Patna High Court

Himanshu HariversusThe State of Bihar through the Principal Secretary Department of Sports

Decided: 3 April 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The court restored the dismissed case, subject to compliance with the peremptory order within two weeks.

Summary

The petitioner, Himanshu Hari, filed an application seeking restoration of Civil Writ Jurisdiction Case No. 7421 of 2025, which had been dismissed for failure to comply with a peremptory order dated 15 September 2025. The petitioner explained that personal difficulties prevented timely rectification of the identified S.R. defects. The court considered whether the dismissal for non‑compliance could be set aside. It held that the dismissal was not fatal and ordered the case restored, subject to compliance with the original peremptory order within two weeks. Consequently, the petitioner's application was allowed and the case reinstated to its original file.

Issues considered

Whether a civil writ case dismissed for non‑compliance with a peremptory order can be restored.
Whether the court may condition restoration on compliance with the original order within a specified time.

Subjects

restoration of dismissed case
peremptory order
civil writ jurisdiction
non‑compliance
procedural defect

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.3740 of 2025
                                          In
                   Civil Writ Jurisdiction Case No.7421 of 2025
     ======================================================
     Himanshu Hari Son of Ashwini Kumar Singh, Resident of Mohalla- Lohia
     Nagar, Rental Flat No. 254, Near Patliputra Sports Complex, Police Station-
     Kankarbagh, District- Patna, Pin Code- 800020.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary Department of Sports
     Government of Bihar, Patna, Patliputra Sports Complex, Indoor Stadium
     Campus, P.C. Colony Road, Housing Board Colony, Kankarbagh,
     Residential Colony, Patrakar Nagar, Patna, Bihar, Pin Code- 800020.
2.   The Principal Secretary, Department of Sports, Government of Bihar, Patna,
     Patliputra Sports Complex, Indoor Stadium Campus, P.C. Colony Road,
     Housing Board Colony, Kankarbagh, Residential Colony, Patrakar Nagar,
     Patna, Bihar, Pin Code- 800020.
3.   The Director-cum-Secretary, Bihar State Sports Authority, Patliputra Sports
     Complex, Indoor Stadium Campus, P.C. Colony Road, Housing Board
     Colony, Kankarbagh, Residential Colony, Patrakar Nagar, Patna, Bihar, Pin
     Code- 800020.
4.   The Director General of Police, Bihar, Old Secretariat, Patna, Pin Code-
     800015.
5.   The Bihar Cricket Association (BCA), Bihar, Patna through the Secretary,
     Registered Office at Patliputra, House No.45, Near Sahyog Hospital, Police
     Station- Patliputra, District- Patna.
6.   The Honorary Secretary, Bihar Cricket Association, Bihar, Patna, Registered
     Office at Patliputra, House No. 45, Near Sahyog Hospital, Police Station-
     Patliputra, District- Patna.
7.   The President, Bihar Cricket Association, Bihar, Patna, namely Shri Rakesh
     Kumar Tiwari, Registered Office at Patliputra, House No. 45, Near Sahyog
     Hospital, Police Station- Patliputra, District- Patna.
8.   Shri Rakesh Kumar Tiwari, Present President, Bihar Cricket Association,
     Son of Shri Suresh Tiwari, Resident of House No. 46, Near Sahyog Hospital,
     Patliputra Colony, Police Station- Patliputra, Pin Code- 800013.
9.   The General Manager, Operation Cricket, Resident of Mohalla- Patliputra
     Colony, House No. 45, Police Station- Patliputra, District- Patna.
10. The Chief Executive Officer namely Manish Raj, Bihar Cricket Association,
    Patna, Registered Office at Patliputra, House No. 45, Near Sahyog Hospital,
    Police Station- Patliputra, District- Patna.
11. Mr. Neeraj Singh, GM Administration, Bihar Cricket Association, Mobile
    No. 9122966666.
12. Mr. Kaushal Tiwari, Manager, Bihar Cricket Association, Mobile No.
    7004050400.
           Patna High Court MJC No.3740 of 2025(2) dt.03-04-2026
                                                       2/2




                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Hridayal Kumar
                   For the Opposite Party/s :       Mr.Standing Counsel 10
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

2     03-04-2026         1. Heard the parties.

                         2. The present application has been filed for restoration of

                     CWJC No. 7421 of 2025, which got dismissed due to non

                     compliance of peremptory order dated 15.09.2025.

                         3. Learned counsel for the petitioner submits that due to his

                     personal difficulty, the S.R. defects, pointed out by the Office,

                     could not be removed within stipulated time.

                         4. For the reasons stated in this application, the same is

                     allowed and the connected case bearing CWJC No. 7421 of

                     2025 is restored to its original file subject to compliance of the

                     order dated 15.09.2025 passed in CWJC No. 7421 of 2025

                     within two weeks.



                                                (Anil Kumar Sinha, J)
praful/-

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Hridayal Kumar