Patna High Court

Digvijay SinghversusThe State of Bihar through the Principal Secretary, Department of Environment

Decided: 11 March 2026
Disposal: ALLOWED
Bench: BIBEK CHAUDHURI

Holding

The restoration application is allowed and the dismissed writ petition is restored to its original file.

Summary

Four petitioners filed a restoration application on 4 December 2025 seeking to revive Civil Writ Jurisdiction Case No. 15979 of 2025, which had been dismissed on 24 November 2025 for non‑prosecution. The High Court examined whether the petitioners had shown sufficient cause for their failure to act before dismissal and whether the restoration plea was filed within the prescribed limitation period. The court found that the petitioners were prevented from taking appropriate steps and that the application was timely. Consequently, the court allowed the restoration application, reinstating the writ petition to its original file. The accompanying miscellaneous jurisdiction case was thereafter disposed of.

Issues considered

Whether a restoration application for a dismissed writ petition is maintainable on the ground of sufficient cause for non‑prosecution.
Whether the restoration application was filed within the limitation period prescribed under the Civil Procedure Code.

Subjects

restoration of writ
non‑prosecution
limitation period
civil writ jurisdiction
environmental law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4005 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.15979 of 2025
                 ======================================================
           1.     Digvijay Singh S/o Dhirendra Kumar Singh, Resident of Opposite Post
                  Office, Makhdumpur, Makha Dumapur, Gate no. 89, P.S.- Digha, P.O. -
                  Digha Ghat, Dist.- Patna- 800011.
           2.    Rajeev Kumar Son of Late Hrihar Prasad, R/o Plot No. 1541 near Power
                 Grid, Khagaul, P.O.- Khagaul, P.S.- Shahpur Danapur Dist. - Patna 801105.
           3.    Ashok Kumar, Son of Sri Raghunandan Manhi, resident of village- Kawhi,
                 Post- Sankhe Khas, P.S. Unchkagaon, District- Gopalganj- 841438.
           4.    Amish Kumar, Son of Late Shailesh Kumar Singh, resident of Ashram Gali,
                 Sheikhpura, P.O. - B.V. College, P.S.- Shastri Nagar, Dist.- Patna 800014.

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Environment Forest and Climate Change, Government of Bihar, Patna.
           2.    The Bihar State Pollution Control Board, Parivesh Bhawan, N.S.B.- II
                 Patliputra Industrial Estate, P.O.- Sadaquat Ashram, Pin Code- 800010
                 through its member Secretary.
           3.    The Chairman, Bihar State Pollution Control Board, Parivesh Bhawan,
                 N.S.B- II Patliputra Industrial Estate, P.O. - Sadaquat Ashram, Pin Code-
                 800010.
           4.    The Member Secretary, Bihar State Pollution Control Board, Parivesh
                 Bhawan, N.S.B.- II Patliputra Industrial Estate, P.O. - Sadaquat Ashram, Pin
                 Code- 800010.
           5.    The Bihar Public Service Commission, through its Secretary, Bailey Road,
                 Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Manish Kumar Singh, Advocate
                 For the Opposite Party/s :   Mr. Standing Counsel 21
                 For the BPSC             :   Mr. Sanjay Pandey, Advocate
                                              Mr. Nishant Kr. Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   11-03-2026                  The present restoration application has been filed for

                   restoration of CWJC No.15979 of 2025, which stood dismissed

                   for non-prosecution by order dated 24.11.2025.
             Patna High Court MJC No.4005 of 2025(3) dt.11-03-2026
                                                         2/2




                                    2. The application has been filed for restoration

                       CWJC No.15979 of 2025 on 04.12.2025. On perusal of the

                       application, I find that sufficient cause has been shown to prove

                       that the petitioner was prevented from taking appropriate step

                       on the date on which, the writ petition was dismissed for non-

                       proseuction. The present restoration application is within the

                       time of limitation.

                                      3. In view of such circumstances, the present

                       restoration application is allowed and CWJC No.15979 of 2025

                       is restored to its original file.

                                    4. MJC No.4005 of 2025 stands disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

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