Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The court allowed the petition, condoned the delay, restored the writ case to its original file, and directed issuance of notice to the school.
Summary
Arun Kumar, proprietor of M/S A.K. Buildcon Enterprises, filed a civil writ petition against the State of Bihar, various officials of the Education Department, and a government girls' high school. The petitioner sought relief concerning procedural deficiencies, including the issuance of notice to the school. The High Court examined whether the delay in filing the requisites for notice could be condoned and whether the writ petition should be restored to its original file. The Court held that the delay was excusable, ordered the registry to issue the required notice to the school, and restored the writ case to its original file. Consequently, the miscellaneous jurisdiction case was closed.
Issues considered
- Whether the delay in filing requisites for issuance of notice to Respondent No.5 can be condoned
- Whether the civil writ petition should be restored to its original file
Subjects
- civil writ jurisdiction
- condonation of delay
- restoration of case
- notice issuance
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3982 of 2025
In
Civil Writ Jurisdiction Case No.432 of 2025
======================================================
Arun Kumar Son of Late Birendra Prasad, proprietor of M/S A.K. Buildcon
Enterprises, Nakhas Mangal Akhara, Begumpur, Patna City, Patna-800009,
presently office and resident at Murari Bhawan (nearly Shyam Mandir), Road
No.-13B, Rajendra Nagar, P.S.- Bahadurpur, Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Education Department, New Secretariat, Patna.
3. The Director, Education Department, New Secretariat, Patna.
4. The District Education Officer, District Patna.
5. The Principal Rajkiya Girls High School, Gardanibag, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumod Kumar Shrivastaw, Adv.
For the Opposite Party/s : Mr.Standing Counsel 11
Mr. Shiv Kumar, AC to GA 3
For the Zila Parishad, Saran Mr. Bajrangi Lal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 25-02-2026 For the reasons mentioned in the MJC, the prayer
made therein is allowed and the CWJC No. 432 of 2025 is
restored to its original file.
2. The delay in filing requisites for issuance of notice
to the Respondent No. 5 is condoned. Registry is directed to
issue notice to the Respondent No. 5 in CWJC No. 432 of 2025.
Patna High Court MJC No.3982 of 2025(2) dt.25-02-2026
2/2
3. Accordingly, the present MJC stands closed.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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