Patna High Court

Roop Narayan @ Rup NarainversusThe State of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that the writ petition may be restored and allowed the restoration application.

Summary

Petitioner Roop Narayan filed an application seeking restoration of a civil writ jurisdiction case (CWJC No.12981 of 2012) that had been dismissed for non‑prosecution on 15‑04‑2024. The petitioner argued that the dismissal was premature and that the case should be reinstated to allow further prosecution. The State of Bihar and the Bihar School Examination Board opposed the restoration. Justice Rajesh Kumar Verma examined the restoration application and found merit in the petitioner's reasons. Consequently, the court ordered that the writ petition be restored to its original file. The restoration application was therefore allowed.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored upon application of the petitioner

Subjects

restoration of writ
non‑prosecution dismissal
Civil Writ Jurisdiction
High Court of Patna
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.4042 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.12981 of 2012
                  ======================================================
                  Roop Narayan @ Rup Narain Son of Late Garui Shankar, R/o of Baghup
                  Singh Lane Alamganj Chowki, P.S.- Alamganj Town, District- Patna.
                                                                             ... ... Petitioner
                                                     Versus
            1.     The State of Bihar
            2.    The Bihar School Examination Board, through its Secretary, Patna.
            3.     The Director, Secondary Education Department of Human Resources
                   Development, Bihar, Patna                 .... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Aditya Kumar Pandey, Advocate
                  For the Opposite Party/s :     Mr.Government Pleader 20
                  For the BSEB             :     Mr. Satyabir Bharti, Sr.Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    30-01-2026                  Heard learned counsel for the petitioner and learned

                    counsel for the State.

                                 2. This application has been filed for restoration of

                    CWJC No.12981 of 2012 which stood dismissed for non-

                    prosecution by order dated 15.04.2024.

                                  3. For the reasons stated in the restoration application,

                    the prayer for restoration is allowed and CWJC No.12981 of 2012

                    is restored to its original file.

                                 4. Accordingly, the restoration application stands

                    allowed.


                                                         (Rajesh Kumar Verma, J)
Nitesh/-
U

Continue reading with your account

Checking your session…