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Patna High Court

Umar FaruqversusThe Union of India, through the General Manager,

Decided
Disposal
ALLOWED

Holding

The Court restored the dismissed writ petition to its original file.

Summary

The petitioner, Umar Faruq, filed a petition seeking restoration of his earlier writ petition (CWJC No. 1868 of 2020) which had been dismissed for want of prosecution on 23 October 2024. The petitioner’s counsel was unable to attend the hearing on that date due to sudden illness. The petitioner argued that the inability to appear was beyond his control and requested a sympathetic consideration to restore the writ petition to its original file. The Court examined the submission and found no procedural bar to restoration in the circumstances. Accordingly, the Court ordered that the writ petition be restored to its original file and allowed the restoration petition.

Issues considered

  • What is the appropriate remedy when a writ petition is dismissed for want of prosecution due to the counsel’s sudden illness?

Subjects

  • restoration of writ petition
  • want of prosecution
  • civil writ jurisdiction
  • high court
  • counsel illness
  • sympathetic relief

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4013 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.1868 of 2020
                 ======================================================
                 Umar Faruq Son of Late Abdul Hafiz Resident of Hussain Baks Lane Near
                 Picture Palace, Shah Market, Khalifabag, Jagdishpur, Bhagalpur, PS- Kotwali,
                 Distt- Bhagalpur (Bihar)- 812001.

                                                                     ... ... Petitioner/s
                                                   Versus
                 The Union of India, through the General Manager, Eastern Railway, 3-
                 Koelaghat Street, Kolkata-700001 Railway.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Krishna Mohan Murari, Adv.
                 For the UOI            :       Mr. Ramadhar Shekhar, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   18-03-2026                   The present petition has been filed for restoration of a

                   writ petition bearing CWJC No. 1868 of 2020, which has stood

                   dismissed for want of prosecution, by an order dated

                   23.10.2024.

                   2.       The learned counsel for the petitioner has submitted that

                   the counsel for the petitioner had fallen ill suddenly and

                   therefore, he could not attend the hearing of the case, when the

                   case was called out for hearing on 23.10.2024, thus, a

                   sympathetic view be taken and the aforesaid writ petition

                   petition be restored to its original file.

                   3.       Having regard to the submission made by the learned

                   counsel for the petitioner as also considering the averments

                   made in the present petition, I deem it fit and proper to restore
         Patna High Court MJC No.4013 of 2024(4) dt.18-03-2026
                                                     2/2




                   the aforesaid writ petition bearing CWJC No. 1868 of 2020 to

                   its original file.

                   4.      The present restoration petition stands allowed.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


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