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Patna High Court

Ajit Kumar SinghversusThe State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms

Decided
Disposal
ALLOWED

Holding

The court restored the dismissed civil writ jurisdiction case subject to payment of Rs.500 to the Legal Services Committee.

Summary

Ajit Kumar Singh, Vijay Kumar Singh and Urmila Singh filed a petition seeking restoration of Civil Writ Jurisdiction Case No.11589 of 2025, which had been dismissed for non‑prosecution on 5 August 2025. The respondents were the State of Bihar and several revenue officials. The High Court examined whether the dismissal could be set aside and the case reinstated. Relying on reasons set out in the judgment (paragraphs 5 to 8), the Court allowed the petition, directing the petitioners to pay a nominal fee of Rs.500 to the Legal Services Committee. Consequently, the dismissed writ case was restored to its original file.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for non‑prosecution may be restored upon filing a petition?

Subjects

  • civil writ jurisdiction
  • restoration of dismissed case
  • non‑prosecution
  • legal services fee
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3966 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.11589 of 2025
                 ======================================================
           1.     Ajit Kumar Singh S/o Bageshwar Prasad Singh, Resident of Village-
                  Salempur, P.O.- Dadwa, P.S. and Anchal- Goh, Sub Division- Daud Nagar,
                  District- Aurangabad (Bihar).
           2.    Vijay Kumar Singh, S/o Bageshwar Prasad Singh, Resident of Village-
                 Salempur, P.O.- Dadwa, P.S. and Anchal- Goh, Sub Division- Daud Nagar,
                 District- Aurangabad (Bihar).
           3.    Urmila Singh, W/o Anil Kumar Singh, Resident of Village- Salempur, P.O.-
                 Dadwa, P.S. and Anchal- Goh, Sub Division- Daud Nagar, District-
                 Aurangabad (Bihar).

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Government of Bihar, Patna.
           2.    The District Magistrate cum Collector, Collectorate, District- Aurangabad,
                 Bihar.
           3.    The Additional Collector cum Additional District Magistrate, Collectorate,
                 District- Aurangabad, Bihar.
           4.    The Land Reforms Deputy Collector, Daudnagar, District- Aurangabad,
                 Bihar.
           5.    The Circle Officer, Goh Circle, Sub-Division, Daud Nagar, District-
                 Aurangabad, Bihar.
           6.    The Circle Officer, posted in year 2006-07 at Goh Circle, Sub-Division,
                 Daud Nagar, District- Aurangabad, Bihar.
           7.    Bipul Kumar Mishra, S/o Late Ramji Mishra, Resident of Village, P.O. and
                 P.S.- Goh, Anchal- Goh, District- Aurangabad, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Anuj Kumar, Advocate
                 For the Opposite Party/s :   Mr.Standing Counsel 10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   01-05-2026                  Heard the parties.

                                2. The present petition has been preferred for

                   restoration of CWJC No.11589 of 2025 which was dismissed
         Patna High Court MJC No.3966 of 2025(5) dt.01-05-2026
                                                     2/2




                   for non-prosecution on 05.08.2025.

                                3. For the reasons assigned in paragraph nos. 05 to 08,

                   the MJC No. 3966 of 2025 is allowed subject to payment of

                   Rs.500/- to the Patna High Court Legal Services Committee.

                                4. The CWJC No.11589 of 2025 is restored to its

                   original file.



                                                  (Rajiv Roy, J)
Ravi/-

U


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