Patna High Court

Braj Nandan BhattversusThe State of Bihar through the Principal Secretary Human Resources Development Department

Decided: 16 February 2026
Disposal: ALLOWED
Bench: AJIT KUMAR

Holding

The restoration application is allowed, and the writ case is restored to its original file.

Summary

Petitioner Braj Nandan Bhatt filed a restoration application seeking to revive Civil Writ Jurisdiction Case No. 5226 of 2021. The High Court examined the application, referring to the reasons set out in paragraph 3 of the petition. The Court directed the office to serve notice on certain respondents and ordered that the writ case be restored to its original file. The restoration application was allowed, thereby reinstating the pending writ proceedings. No substantive merits of the original writ were decided in this order.

Issues considered

What is the appropriate basis for allowing a restoration application under the Civil Procedure Code?

Subjects

restoration of writ
civil writ jurisdiction
high court order
procedural law
notice service

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3788 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.5226 of 2021
                 ======================================================
                 Braj Nandan Bhatt son of Chandra Gokul Bhatt, resident of Village-
                 Shobhnachak, Block-Kuchaikote, District-Gopalganj.

                                                                            ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Principal Secretary Human Resources
                 Development Department Government of Bihar, Patna.
           2.    The Director, Primary Education, Human Resources Development
                 Department, Government of Bihar, Patna.
           3.    The State Appellate Authority, Education Department, Niyojan Bhawan,
                 Bailey Road, Patna.
           4.    Member, Distric Teacher Appointment Appellate Tribunal, Goalganj.
           5.    The District Education Officer, Gopalganj, Gopalganj.
           6.    The District Superintendent of Education, Gopalganj, Gopalganj.
           7.    Block Development Officer, Kuchaikote, Gopalganj, Gopalganj.
           8.    Block Educaltion Extension Officer, Kuchaikote, Gopalganj, Gopalganj.
           9.    Panchayat Secretary, Gram Panchayat Raj Sanghwadih, Kuchaikote,
                 Gopalganj, Gopalganj.
           10. Mukhiya, Gram Panchayat Raj Sanghwadih, Kuchaikote, Gopalganj,
               Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ranjan Kumar Srivastava, Adv.
                 For the Opposite Party/s :    Mr.Additional Advocate General 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-02-2026                  For the reasons stated in Para-3 of the instant

                   restoration application, the C.W.J.C. No. 5226 of 2021 is

                   restored to its original file.

                                2. The Office is directed to process the requisites filed

                   for effective service of notice upon the respondent nos. 9, 11

                   and 12 respectively.
          Patna High Court MJC No.3788 of 2024(2) dt.16-02-2026
                                                      2/2




                                 3. The restoration application stands allowed.



                                                                       (Ajit Kumar, J)
rishi/-

U

Continue reading with your account

Checking your session…