Patna High Court
Prem LataversusThe State of Bihar through the Additional Chief Secretary, General Administration Department
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The earlier writ case (C.W.J.C. No. 9096 of 2022) is restored to its original file.
Summary
Prem Lata filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 9096 of 2022, which had been dismissed for non‑prosecution on 19 November 2025. The petitioner argued that the dismissal was erroneous and that the writ should be reinstated. The court examined the petition and, despite the lack of detailed reasoning in the order, allowed the application. Consequently, the earlier writ case was restored to its original file. The order was pronounced by Justice Partha Sarthy on 16 January 2026.
Issues considered
- Whether a Civil Writ Jurisdiction case dismissed for non‑prosecution can be restored upon a petition by the aggrieved party
Subjects
- restoration of writ
- non‑prosecution dismissal
- Civil Writ Jurisdiction
- Patna High Court
- application for restoration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3895 of 2025
In
Civil Writ Jurisdiction Case No.9096 of 2022
======================================================
Prem Lata Daughter of Arun Kumar, Resident of Rameshwar Niwas, Indralok
Nagar Colony, Near Iron Factory, Agamkuan, Patna-800007 at present
residing at Laxmi Niwas, Chhoti Line, Fatwah, District- Patna- 803201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department Government Bihar at Patna.
2. The Under Secretary to the Government, General Administration
Department, Government Bihar at Patna.
3. Bihar Staff Selection Commission, P.O. Veterinary College, Patna-800014
through its Secretary having its office at Bihar Veterinary College Campus,
P.O.- B.V. College, P.S.- Hawai Adda, District- Patna- 800014.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhanendra Chaubey, Advocate
For the State : Mr. Manish Kumar, GP- 4
For the BSSC : Md. Aslam Ansari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-01-2026 Heard learned counsel for the parties.
2. The instant application has been filed praying for
restoration of C.W.J.C. no. 9096 of 2022 which stood dismissed
for non-prosecution by order dated 19.11.2025.
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the prayer made in
Patna High Court MJC No.3895 of 2025(3) dt.16-01-2026
2/2
the instant application is allowed.
4. C.W.J.C. no. 9096 of 2022 is restored to its original
file.
(Partha Sarthy, J)
sauravkrsinha/-
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