Patna High Court
Kumar Amrendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SHAILENDRA SINGH
Holding
The petition is allowed and the dismissed civil writ case is restored to its original file.
Summary
The petitioner, Kumar Amrendra Choudhary, filed an application before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 6414 of 2020, which had been dismissed on 10 November 2025 for want of prosecution. The petition argued that the dismissal was premature and that there were valid reasons for the delay in prosecuting the suit. The court examined the reasons provided in paragraphs 4 and 5 of the petition, finding them sufficient to justify setting aside the dismissal. Relying on procedural principles governing the restoration of dismissed suits, the bench concluded that the case could be reinstated. Consequently, the court allowed the petition and ordered that the dismissed writ case be restored to its original file.
Issues considered
- Whether a civil writ case dismissed for want of prosecution may be restored on the basis of the petitioner's reasons
Subjects
- restoration of suit
- want of prosecution
- civil writ jurisdiction
- high court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3990 of 2025
In
Civil Writ Jurisdiction Case No.6414 of 2020
======================================================
Kumar Amrendra Choudhary, Son of Sri Awadh Bihari Choudhary, Resident
of 870, Ward No.- 4, Daulatpur Chondi, Barh, Police Station- Barh, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Chief Secretary, Government of Bihar, Patna.
3. The Additional Chief Secretary cum Principal Secretary, Home (Police)
Government of Bihar, Patna.
4. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
5. The Commissioner, Patna.
6. The District Magistrate, Patna.
7. The Senior Superintendent of Police, Patna.
8. The Superintendent of Police, Rural, Patna.
9. The Sub-Divisional Officer, Barh, Patna.
10. Deputy Superintendent of Police, Barh, Patna.
11. The Executive Officer, Nagar Parishad, Barh, Patna.
12. The City (Nagar) Manager, Nagar Parishad, Barh, Patna.
13. The Circle Officer, Barh, Patna.
14. The Officer-in-Charge, Barh Police Station, Patna.
15. Sri Sanjeet Kumar, Son of not known to the petitioner, the present Officer-
in-Charge, Barh Police Station, Patna.
16. Ashok Kumar Rai, Son of not known to the petitioner, Anchal Amin, Barh
Anchal, Barh, District- Patna.
17. Mishri Yadav, Son of Late Garbhu Yadav, Resident of Mohalla- Kaji Chak,
Ward No.- 24, Nagar Parishad, Barh, P.O. and P.S.- Barh, District- Patna.
18. Babloo Yadav, Son of Mishri Yadav, Resident of Mohalla- Kaji Chak, Ward
No.24, Nagar Parishad, Barh, P.O. and P.S.- Barh, District- Patna.
19. Wife of Babloo Yadav, Wife of Babloo Yadav, Resident of Mohalla- Kaji
Chak, Ward No.- 24, Nagar Parishad, Barh, P.O. and P.S.- Barh, District-
Patna.
20. Asharphi Devi, Wife of Late Sindhu Yadav, Resident of Mohalla- Kaji Chak,
Ward No.- 24, Nagar Parishad, Barh, P.O. and P.S.- Barh, District- Patna.
21. Anil Yadav, Son of Asharfi Devi, Resident of Mohalla- Kaji Chak, Ward
No.- 24, Nagar Parishad, Barh, P.O. and P.S.- Barh, District- Patna.
Patna High Court MJC No.3990 of 2025(3) dt.09-01-2026
2/2
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Adv.
For the Opposite Party/s : Mr. Standing Counsel-1
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 09-01-2026 This is an application seeking restoration of CWJC
No. 6414 of 2020 which was dismissed for want of prosecution
on 10.11.2025.
2. Having regard to the reasons shown in the
paragraph Nos. ‘4’ and ‘5’ of this application, the instant petition
stands allowed and CWJC No. 6414 of 2020 is restored to its
original file.
3. Learned Standing Counsel-1 for the State-
respondents is present.
(Shailendra Singh, J)
annu/-
U
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