Patna High Court
Akhil Bhartiya Jan Kalyan Parishad Gahiri KothiversusThe State of Bihar through the I.G Registration, Prohibition, Excise and Registration Department,
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the two‑day delay in filing the requisites is condoned and the dismissed writ petition is restored to the file.
Summary
The petitioner, Akhil Bhartiya Jan Kalyan Parishad, filed an application seeking restoration of a civil writ jurisdiction case (CWJC No.18065 of 2024) that had been dismissed for non‑compliance with a peremptory order dated 23‑09‑2025. The petitioner argued that the requisites for issuing a notice to respondent No.5 were filed, albeit two days after the deadline. The court examined whether such a delay could be condoned and whether the dismissed writ petition could be reinstated. It held that the two‑day delay was excusable, accepted the requisites, and directed the issuance of the notice. Consequently, the court restored the dismissed case to its original file and ordered the relevant office to proceed with the notice.
Issues considered
- Whether a two‑day delay in filing requisites for issuance of notice can be condoned.
- Whether the dismissed civil writ jurisdiction case can be restored to the file.
Legislation cited
Subjects
- restoration of writ
- condonation of delay
- civil writ jurisdiction
- notice issuance
- peremptory order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4021 of 2025
In
Civil Writ Jurisdiction Case No.18065 of 2024
======================================================
Akhil Bhartiya Jan Kalyan Parishad Gahiri Kothi West Champaran, A Society,
registered under the Society Registration Act, 1860, through its Chairman,
Kashi Nath Prasad, S/o- Late Ganesh Sah, male, age about- 63 years, R/o-
Gahiri Kothi, PO- Victoria mission, PS- Nautan, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the I.G Registration, Prohibition, Excise and
Registration Department, Govt. of Bihar, Bihar.
2. The Dy. I.G, Registration, Prohibition, Excise and Registration Department,
Govt. of Bihar, Bihar.
3. The Registrar Registration, Registration, Prohibition, Excise and
Registration Department, Govt. of Bihar, Bihar.
4. The Board of Revenue, Patna, Bihar through its Secretary, Board of
Revenue, Bihar.
5. Vibhuti Narayan Rai S/o- Late Rajdeo Rai R/o- village- PO-Telhua, PS-
Nautan, District-West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Shankar
For the Opposite Party/s : Mr. Kamehwar Kumar, Government Pleader 17
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 24-04-2026 1. Heard the parties.
2. The present application has been filed for
restoration of C.W.J.C. No. 18065 of 2024, which got dismissed
due to non compliance of peremptory order dated 23.09.2025.
3. Learned counsel for the petitioner submits that
requisites for issuance of notice upon respondent no. 5 has been
filed but after expiry of peremptory time i.e. after delay of two
days.
Patna High Court MJC No.4021 of 2025(3) dt.24-04-2026
2/2
4. For the reasons stated in this application, the same
is allowed and the connected case bearing CWJC No. 18065 of
2024 is restored to its original file.
5. Delay of two days in filing requisites is condoned,
the requisites are accepted and Office is directed to take steps
for issuance of notice upon respondent no. 5.
(Anil Kumar Sinha, J)
praful/-
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