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Patna High Court

Sneh Kumar SinghversusThe State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms

Decided
Disposal
DISPOSED

Holding

The Court restored the dismissed civil writ case and granted a one‑week extension to comply with the peremptory order.

Summary

Petitioner Sneh Kumar Singh filed an application seeking restoration of Civil Writ Jurisdiction Case No. 18000 of 2021, which had been dismissed for failure to comply with a peremptory order dated 30 September 2024. The petitioner argued that the dismissal was premature and that he required additional time to fulfill the order. The High Court examined whether the dismissal could be set aside and the case reinstated. The Court held that the dismissal could be reversed and restored the case to its original file. Additionally, the Court granted the petitioner a one‑week period to comply with the original order, thereby allowing the continuation of the proceedings.

Issues considered

  • Whether a civil writ case dismissed for non‑compliance of a peremptory order can be restored upon application.
  • Whether the court may grant additional time for compliance with the original order.

Subjects

  • restoration of suit
  • civil writ jurisdiction
  • non‑compliance
  • peremptory order
  • high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3940 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.18000 of 2021
                 ======================================================
                 Sneh Kumar Singh S/o- Ekabal Singh R/o Patel Nagar, Takiya, Badhiyabag,
                 Sasaram, Rohtas, Bihar- 821116.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms Government of Bihar, Patna.
           2.    The Collector, Rohtas.
           3.    The District Land Acquisition Officer, Rohtas.
           4.    The National Highway Authority of India, through its Director, New Delhi.
           5.    The Director, National Highway Authority of India.
           6.    Commissioner Officer Cum Land Arbitrator, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Abhinay Priyadarshi, Advocate
                 For the State          :      Mr.Sajid Salim, Standing Counsel 25
                 For NHAI               :      Mr. Maurya Vijay Chandra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   17-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. This application has been filed for restoration of

                   CWJC No.18000 of 2021 which stood dismissed for non-

                   compliance of peremptory order dated 30.09.2024.

                                   3. For the reasons stated in the restoration

                   application, the prayer for restoration is allowed and CWJC

                   No.18000 of 2021 is restored to its original file.

                                 4. Accordingly, the restoration application stands

                   allowed.
               Patna High Court MJC No.3940 of 2024(3) dt.17-04-2026
                                                           2/2




                                      5. As prayed for by learned counsel for the petitioner,

                         further one week time is allowed to comply the order dated

                         30.09.2024 passed in CWJC No.18000 of 2021.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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