Patna High Court
Yasmin Aash @ Yasmina Parween @ Yasmina ParweenaversusThe State of Bihar and Ors.
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the dismissal for default could be set aside and the writ petition restored even though the notices were filed one day late.
Summary
Petitioners Yasmin Aash and Anjari Begum filed an application seeking restoration of Civil Writ Jurisdiction Case No. 3919 of 2025, which had been dismissed for default on 04.03.2025. The court examined the reasons for restoration and noted that notices to respondents 7‑27 were filed a day late on 27.03.2025. Considering the circumstances, the court allowed the restoration, reinstating the writ petition to its original file. It also directed the office to accept the delayed notices and forward them to the concerned parties. Consequently, the related Miscellaneous Jurisdiction Case No. 3985 of 2025 was disposed of, and any pending applications were ordered to stand disposed.
Issues considered
- Whether a civil writ petition dismissed for default can be restored despite a procedural delay in filing requisite notices
Subjects
- restoration of dismissed suit
- civil writ jurisdiction
- default dismissal
- procedural delay
- notice requisites
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3985 of 2025
In
Civil Writ Jurisdiction Case No.3919 of 2025
======================================================
1. Yasmin Aash @ Yasmina Parween @ Yasmina Parweena Wife of Wazir
Alam Resident of Ward no 8, Haruwatanga Police Station-Dighal Bank,
District- Kishanganj.
2. Anjari Begum Wife of Abdul Kalam Resident of Aambadi, P.O. Lohagada
Haat, PS-Garbhandanga, District- Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar and Ors. through the Additional Chief Secretary,
Panchayati Raj Department, Government of Bihar, Patna.
2. The State Election Commission through its secretary, 3rd floor, Sone
Bhawan, Beer Chand Patel Path, Patna
3. The Officer on Special Duty, State Election Commission, 3rd floor, Sone
Bhawan, Beer Chand Patel Path, Patna.
4. The District Magistrate, Kishanganj
5. The Sub Divisional Officer, Kishanganj.
6. The Executive Officer Cum Block Development Officer, Dighal Bank,
District- Kishanganj.
7. Md. Mushtaque Son of Haji Samiruddin, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
8. Sharwan Kumar, Son of Sahdev Rajbhat, the elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
9. Shiva Devi, Wife of Shiv Narayan Yadav, the elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
10. Ram Prasad Ganesh, Son of Chamu Lal Ganesh, The elected member of
Block Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
11. Bijli Devi Wife of Arun Dev Giri, The elected member of Block Panchayati
Dighalbank, through the block development officer-cum-executive officer,
block Panchayat Samiti, Dighalbank, PO and PS - Dighal Bank, District
Kishanganj.
12. Pankaj Kumar, Son of Late Mohan Pandey, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Patna High Court MJC No.3985 of 2025(2) dt.07-01-2026
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Dighal Bank, District Kishanganj.
13. Pramila Devi, Wife of Jageshwar Goswami, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
14. Minnat Parveen, Wife of Farooque Alam, the elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
15. Akthari Begum Wife of Ayub Alam, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
16. Maleka Khatoon, Wife of Mohsin Ali, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
17. Aasma Khatoon Wife of Abdul Latif, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
18. Mustafi Begum Wife of Md. Akhtar, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
19. Abdul Kaiyum, Son of Tauheed Alam, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
20. Ajmat Ali Son of Nizamuddin, The elected member of Block Panchayati
Dighalbank, through the block development officer-cum-executive officer,
block Panchayat Samiti, Dighalbank, PO and PS - Dighal Bank, District
Kishanganj.
21. Kishore Kunal Son of Late Prithwi Chand Singh, the elected member of
Block Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
22. Vijender Kumar Murmu Son of Kishun Murmu, The elected member of
Block Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
23. Dilnaz Begum Wife of Abdul Rahim, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
24. Md. Miftabhul Haque Son of Abdul Mannan, The elected member of Block
Panchayati Dighalbank, through the block development officer-
Patna High Court MJC No.3985 of 2025(2) dt.07-01-2026
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cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
25. Ruquaiya Khatoon Wife of Late Najibur Rahman, the elected member of
Block Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
26. Yar Mohammad Son of Abdul Wahab, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
27. Zafar Hasnain Son of Shamshul Hoda, The elected member of Block
Panchayati Dighalbank, through the block development officer-
cumexecutive officer, block Panchayat Samiti, Dighalbank, PO and PS -
Dighal Bank, District Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ansul, Sr. Advocate
Mr. Kislay Raj, Advocate
For the State : Mr. Kumar Alok, SC-7
For the Commission : Mr. Ravi Ranjan, Advocate
Mr. Girish Pandey, Advocate
For the Private Respondents: Mr. Amit Shrivastava, Sr. Advocate
Mr. Parijat Saurav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-01-2026 Heard Mr. Ansul, learned Senior counsel for the
petitioners, Mr. Kumar Alom, learned Standing Counsel for the
State, Mr. Ravi Ranjan, learned counsel for the State Election
Commission and Mr. Amit Shrivastav, learned Senior counsel
for the Private Respondents.
2. This application has been filed for restoration of
CWJC No. 3919 of 2025 which stood dismissed for default for
non-prosecution by order dated 04.03.2025.
3. For the reasons stated in the restoration petition,
the prayer for restoration is allowed and C.W.J.C. No. 3919 of
Patna High Court MJC No.3985 of 2025(2) dt.07-01-2026
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2025 is restored to its original file.
4. MJC No. 3985 of 2025 stands disposed of.
5. Pending application (s), if any, shall stand disposed
of.
6. It appears from the office notes dated 15.04.2025
in C.W.J.C. No. 3919 of 2025, requisites of notices upon
Respondent Nos. 7 to 27 have been filed on 27.03.2025 after
delay of one day.
7. In view of the aforesaid, Office is directed to
accept the requisites of notices upon Respondent Nos. 7 to 27
having been filed on 27.03.2025 after delay of one day and send
the same to the parties concerned.
Ibrar//- (Rajesh Kumar Verma, J)
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