Patna High Court

Rajeev Kumar SinghversusThe State of Bihar through the Principal Secretary, Land Reforms and Revenue Department

Decided: 18 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court restored the dismissed writ petition, subject to verification that the supplementary affidavit was filed.

Summary

The petitioners, Rajeev Kumar Singh and Hira Prasad Singh, filed a petition seeking restoration of their earlier writ petition (CWJC No.18540 of 2024) which had been dismissed for non‑compliance with a peremptory order dated 3 January 2025. They argued that a supplementary affidavit was filed on the very day the deadline to comply was about to expire. The Court examined the circumstances and, noting the filing of the supplementary affidavit, deemed it appropriate to restore the writ petition to its original file, subject to the registry confirming that the affidavit had indeed been filed. Consequently, the petition for restoration was granted, and the matter was disposed of on those terms. The order was pronounced by Justice Mohit Kumar Shah of the Patna High Court.

Issues considered

Whether a writ petition dismissed for non‑compliance with a peremptory order can be restored on the ground that a supplementary affidavit was filed at the last moment.

Subjects

writ petition
restoration
peremptory order
supplementary affidavit
civil writ jurisdiction
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4009 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.18540 of 2024
                 ======================================================
           1.     Rajeev Kumar Singh Son of Late Vijay Prasad Singh @ Vijay Kumar Singh
                  @ Late Brij Bihari Singh, Resident of Village and Post- Thatia Rosera,
                  Police Station- Rosera, District- Samastipur.
           2.    Hira Prasad Singh, Son of Late Bindeshwari Prasad Singh, Resident of
                 Village and Post- Thatia Rosera, Police Station- Rosera, District-
                 Samastipur.

                                                                       ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Land Reforms and
                 Revenue Department Bihar, Patna.
           2.    The District Magistrate, Samastipur.
           3.    The Collector, Land Reforms and Revenue, Samastipur.
           4.    The Dy. Collector, Land Reforms and Revenue, Samastipur.
           5.    The Circle Officer, Rosera, District- Samastipur.
           6.    The District Superintendent of Police, Samastipur.
           7.    The Police Station Incharge, P.S. Rosera, District Samastipur.
           8.    Ashok Kumar Singh, Son of Late Kamleshwari Prasad Singh, Resident of
                 Village and Post Thatia Rosera, Police Station- Rosera, District- Samastipur.
           9.    Abhijit Kumar Singh, Son of Late Ajit Kumar Singh, Resident of House No.
                 5 Road No. 7, B.V. College Campus Rukanpura, B.V. College, Patna Bihar
                 800014.
           10. Sujit Kumar Singh, Son of Late Bhumneshwari Prasad Singh, Resident of
               Village and Post Thatia Rosera, Police Station- Rosera, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Jagdish Prasad Singh, Adv.
                 For the Opposite Party/s :    Mr.Government Pleader 27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   18-03-2026             The present petition has been filed for restoring a writ

                   petition bearing CWJC No. 18540 of 2024, which has stood

                   dismissed on account of non-compliance of the peremptory

                   order dated 3.1.2025.
         Patna High Court MJC No.4009 of 2025(3) dt.18-03-2026
                                                     2/2




                   2.      The learned counsel for the petitioners submits that on the

                   day on which the time granted for filing the supplementary

                   affidavit was going to expire, the petitioner had filed a

                   supplementary affidavit, however the aforesaid writ petition has

                   stood dismissed on the ground that the peremptory order dated

                   3.1.2025 has not stood complied with.

                   3.      Having regard to the facts and circumstances of the case

                   and considering the averments made in the present petition, I

                   deem it fit and proper to restore the aforesaid writ petition

                   bearing CWJC No. 18540 of 2024 to its original file, however

                   subject to the registry verifying as to whether the supplementary

                   affidavit required to be filed in the aforesaid writ petition has

                   been filed or not.

                   4.      Accordingly,           the        present   petition   stands

                   disposed off on the aforesaid terms.



                                           (Mohit Kumar Shah, J)
Ajay/-

U

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