Patna High Court
Lalti Devi @ Lalita DeviversusThe State of Bihar through Principal Secretary, Department of Land Reforms
- Decided
- Disposal
- ALLOWED
- Bench
- SHAILENDRA SINGH
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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