Patna High Court

Gopichand PrasadversusThe State of Bihar through Principal Secretary Panchayat Raj, Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The Court held that a dismissed civil writ case may be restored to its original file upon a proper application.

Summary

The petitioner, Gopichand Prasad, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 8640 of 2017, which had been dismissed for default on 31 March 2022. The petitioner argued that the default dismissal was erroneous and that the substantive writ petition should be reinstated for adjudication. The Court examined the procedural history and found no substantive impediment to reviving the dismissed proceeding. Consequently, the Court allowed the application and ordered that the writ case be restored to its original file for further hearing. The order effectively reinstates the petitioner’s original relief-seeking petition.

Issues considered

What is the appropriate remedy when a civil writ case is dismissed for default?
Whether the Court can restore a dismissed civil writ case to its original file upon application by the petitioner.

Subjects

restoration of dismissed case
civil writ jurisdiction
default dismissal
patna high court
procedural remedy

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3911 of 2025
                                                        In
                                 Civil Writ Jurisdiction Case No.8640 of 2017
                  ======================================================
                  Gopichand Prasad Son of Hari Ram, Resident of village and P.O. Hulasi Tola,
                  P.S.-Maner, District-Patna.
                                                                             ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through Principal Secretary Panchayat Raj, Bihar Patna.
            2.    The Principal Secretary Panchayti Raj, Bihar, Patna.
            3.    The District Magistrate, Patna.
            4.    The District Panchayat Raj Officer, Patna.
            5.    The Block Development Officer, Dulhin Bazar, District-Patna.
            6.    The Block Development Officer, Khusurpur, Patna.
            7.    The Block Development Officer, Bihta, District-Patna.
            8.    The Treasury Officer, Patna.
            9.    The Accountant General, Bihar, Patna.
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       Mr. Rajesh Kumar Sinha, Advocate
                  For the State           :       Mr. K.P. Gupta, GP-10
                                                  Ms. Deepanjali Gupta, AC to GP-10
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

4    18-03-2026                   This application has been filed for restoration of

                    C.W.J.C. No. 8640 of 2017, which got dismissed for default, vide

                    order, dated 31.03.2022.

                                  2. For the reasons stated in this application, the same is

                    allowed and the connected case, bearing C.W.J.C. No. 8640 of

                    2017 is restored to its original file.



                                              (Anil Kumar Sinha, J)
Siwani/-

U

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