Patna High Court

Sanjay KumarversusThe State of Bihar Through the Principal Secretary, (Homes)

Decided: 31 March 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The court held that the writ petition should be restored to its original file.

Summary

Petitioners Sanjay Kumar and Ramchandra Paswan filed a restoration petition before the Patna High Court seeking to revive Civil Writ Jurisdiction Case No.16347 of 2012. The original case had been dismissed on 13 December 2024 for non‑prosecution. The petitioners contended that the dismissal was premature and that they were prepared to prosecute the matter. The court examined whether the procedural lapse justified restoration under the provisions governing dismissed writ petitions. Finding no substantive prejudice and noting the petitioners’ willingness to proceed, the court ordered the restoration of the writ petition to its original file. It also directed that any interlocutory applications, if filed, stand disposed of. Consequently, the restoration petition was allowed.

Issues considered

Whether a writ petition dismissed for non‑prosecution can be restored under procedural law

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3870 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.16347 of 2012
                 ======================================================
           1.     Sanjay Kumar Son of- Late Ram Nandan Singh, Resident of Village-Chand
                  Pati, P.O- Harari, Dularpur, P.S- Sursand, District- Sitamarhi.
           2.    Ramchandra Paswan Son of Late Kali Ram, Resident of Village -
                 Quantuansa, P.S. - Atri, Distt. - Gaya.

                                                                             ... ... Petitioner/s

                                                     Versus

           1.    The State of Bihar Through the Principal Secretary, (Homes) Government of
                 Bihar, Patel Bhawan, Patna.
           2.    The Inspector General Jail, Government of Bihar, Patel Bhawan, Patna.
           3.    The Joint Secretary-cum-Director Administration, Home (Prison), Patel
                 Bhawan, Patna.
           4.    The District Magistrate, Saharsa.
           5.    The Jail Superintendent, District Jail, Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :     Mr. Amit Kumar, Advocate
                 For the Opposite Parties :     Md. Kamil Akhtar, A.C. to A.A.G.5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   31-03-2026                  Heard the parties.

                                2. The present restoration petition has been filed for

                   restoration of C.W.J.C. No.16347 of 2012, which stood

                   dismissed for non-prosecution vide order dated 13.12.2024.

                                3. For the reasons stated in the restoration petition, let

                   C.W.J.C. No.16347 of 2012 be restored to its original file.

                                4. Interlocutory Application(s), if any, shall also stand

                   disposed of.
           Patna High Court MJC No.3870 of 2025(3) dt.31-03-2026
                                                       2/2




                                  5. The present restoration petition is allowed.


                                                 (Ritesh Kumar, J.)

Sanjay/-

U

Continue reading with your account

Checking your session…