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Patna High Court

Prem LataversusThe State of Bihar through the Additional Chief Secretary, General Administration Department

Decided
Disposal
ALLOWED

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/-

U


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