Patna High Court
Ram Dulari SinhaversusThe State of Bihar through the Chief Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court restored the dismissed civil writ case subject to payment of Rs. 500 to the Legal Services Committee.
Summary
Petitioners Ram Dulari Sinha and Raj Kishore Bhagat filed an application seeking restoration of Civil Writ Jurisdiction Case No. 3986 of 2024, which had been dismissed for non‑compliance. The High Court examined the reasons for the earlier dismissal and considered the petitioners' request for relief. The Court held that the dismissal could be set aside provided the petitioners pay a nominal fee of Rs. 500 to the Legal Services Committee. Accordingly, the Court ordered the restoration of the dismissed case to its original file. The order was made subject to the payment condition, and the petition for restoration was allowed.
Issues considered
- What is the appropriate remedy for a civil writ case dismissed for non‑compliance?
- Can the High Court restore a dismissed case upon payment of a nominal fee?
Subjects
- restoration of dismissed case
- civil writ jurisdiction
- non‑compliance
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3988 of 2024
In
Civil Writ Jurisdiction Case No.3986 of 2024
======================================================
1. Ram Dulari Sinha Wife of Ramekbal Singh, Resident of Village- Ward No.
13, Belsand Kala, Tole Sariya, Police Station - Belsand, District - Sitamarhi.
2. Raj Kishore Bhagat, Son of Sukhlal Bhagat, Resident of Village- Ward No.
13, Belsand Kala, Tole Sariya, Police Station - Belsand, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The Additional Chief Secretary, Revenue Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
4. The District Magistrate, Sitamarhi, District - Sitamarhi.
5. The Superintendent of Police, Sitamarhi, District - Sitamarhi.
6. The District Panchayat Raj Officer, District- Sitamarhi.
7. The Sub-Divisional Officer, Belsand, District- Sitamarhi.
8. The Circle Officer, Belsand, District- Sitamarhi.
9. The Executive Officer Nagar Panchayat, Belsand, District- Sitamarhi.
10. The Station House Officer, Police Station - Belsand, District- Sitamarhi.
11. The Junior Engineer, Nagar Panchayat, Belsand, P.S. - Belsand, District-
Sitamarhi.
12. The Ward Member Ward No. 13, Nagar Panchayat, Belsand, District -
Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishikesh Rajan, Adv.
Mr. Jainandra Kumar, Adv.
For the Opposite Party/s : Mr. Additional Advocate General 13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The present application has been preferred for
restoration of CWJC No. 3986 of 2024 which stood dismissed for
non-compliance vide an order dated 24.06.2024 passed by this
Patna High Court MJC No.3988 of 2024(3) dt.09-01-2026
2/2
Court.
3. For the reasons assigned in Paragraph nos. 2 and 3
of the petition, the MJC No. 3988 of 2024 is allowed subject to
payment of Rs. 500 to Patna High Court Legal Services
Committee.
4. Accordingly, the CWJC No. 3986 of 2024 is
restored to its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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