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Patna High Court

Lalti Devi @ Lalita DeviversusThe State of Bihar through Principal Secretary, Department of Land Reforms

Decided
Disposal
ALLOWED

Holding

The petition is allowed and Civil Writ Jurisdiction Case No. 2033 of 2022 is restored to its original file.

Summary

The petitioners, a group of relatives, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 2033 of 2022, which had been dismissed for failure to comply with the Court's order dated 11 September 2025. The petition argued that the dismissal was premature and that they were prepared to comply with the procedural requirements. The Court examined whether a dismissal for non‑compliance could be set aside and the proceedings reinstated. Relying on principles of natural justice and the discretion vested in the Court to restore dismissed suits, the Bench found merit in the petitioners' request. Consequently, the Court allowed the petition and restored the dismissed case to its original file.

Issues considered

  • Whether a dismissal of a civil writ case for non‑compliance with a Court order can be set aside and the case restored?

Subjects

  • restoration of dismissed case
  • non‑compliance
  • civil writ jurisdiction
  • high court discretion
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3865 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.2033 of 2022
                 ======================================================
           1.     Lalti Devi @ Lalita Devi Wife of Nand Kishore Rai and daughter of Ram
                  Nath Rai Resident of Village- Abuchak Bairia, P.S.- Saraiya, Dist-
                  Muzaffarpur.
           2.    Parmeshwar Rai, Son of Raghunath Rai, and grandson of Sahdev Raut @
                 Sahdev Rai, Resident of Village and P.S. and Dist.- Vaishali.
           3.    Baidyanath Rai, Son of Late Sahdev Raut @ Sahdev Rai, Resident of
                 Village and P.S. and Dist.- Vaishali.
           4.    Shankar Rai, Son of Rameshwar Rai and grandosn of Raghunath Rai and
                 great grandson of Sahdev Raut @ Sahdev Rai, Resident of Village and P.S.
                 and Dist.- Vaishali.
           5.    Ram Sagar Rai, Son of Rameshwar Rai and grandson of Raghunath Rai and
                 great grandson of Sahdev Rai, Resident of Village and P.S. and Dist.-
                 Vaishali.
           6.    Raj Mahali Devi, Wife of Rameshwar Rai and daughter in law of Raghunath
                 Rai Resident of Village and P.S. and Dist.- Vaishali.

                                                                     ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Department of Land
                 Reforms Govt. of Bihar, Old Secretariat, Patna.
           2.    Bihar Land Tribunal through its Registrar, Patna, District- Patna.
           3.    The Additional Collector, Vaishali, District- Vaishali.
           4.    The Deputy Collector, Land Reforms, Hajipur, Vaishali.
           5.    The Circle Officer, Vaishali District- Vaishali.
           6.    The Land Acquisition Officer, Hajipur, District- Vaishali.
           7.    Nand Kishore Rai, Resident of Village- Bhataulia, P.O.- Bidha, P.S.- Saraiya,
                 Dist- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Sunil Kumar, Adv.
                 For the State-resps     :      Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   09-01-2026                      This is an application seeking restoration of CWJC

                   No. 2033 of 2022 which was dismissed for non-compliance of
         Patna High Court MJC No.3865 of 2025(3) dt.09-01-2026
                                                     2/2




                   the order dated 11.09.2025 passed by this Court by the

                   petitioner.

                                 2. Having regard to the reasons shown in the

                   paragraph Nos. ‘2’ and ‘3’ of this application, the instant petition

                   stands allowed and CWJC No. 2033 of 2022 is restored to its

                   original file.

                                 3. Learned Standing Counsel-25 for the State-

                   respondents is present.



                                             (Shailendra Singh, J)
annu/-

U


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