Patna High Court
Ranjeet KumarversusThe State of Bihar through the Additional Chief Secretary, Urban Development and Housing Deptt.,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court restored the dismissed civil writ petition, subject to the petitioner paying Rs. 500 to the Legal Services Committee.
Summary
The petitioner, Ranjeet Kumar, filed a petition under the Civil Writ Jurisdiction seeking restoration of his earlier case (CWJC No. 14006 of 2025) which had been dismissed for non‑prosecution on 25 September 2025. The petition argued that the dismissal was premature and that he was willing to pursue the matter. The High Court examined whether a dismissal for non‑prosecution could be set aside and what conditions, if any, should be imposed for restoration. The Court held that the dismissal could be reversed, but ordered the petitioner to pay a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the earlier writ petition was restored to its original file, and the restoration application (MJC No. 4043 of 2025) was allowed subject to the payment.
Issues considered
- Whether a civil writ case dismissed for non‑prosecution can be restored upon a petition.
- Whether the petitioner must satisfy any condition, such as payment of a fee, for restoration.
Subjects
- restoration of dismissed case
- civil writ jurisdiction
- non‑prosecution dismissal
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4043 of 2025
In
Civil Writ Jurisdiction Case No.14006 of 2025
======================================================
Ranjeet Kumar S/o Late Basudeo Singh, Resident of Village Maulana
Budhuchak, Ward no 04, PO Nisarpura, PS Parsa Bazar, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Urban
Development and Housing Deptt., Govt. of Bihar, Patna.
2. Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
3. Land Estate Officer, Patna Municipal Corporation, Maurya Lok, Patna.
4. Sri Rabindra Nath, Son of Sri Balkeshwar Manjhi, Resident of Mohalla
Rajendra Nagar, Road no 10, (Mahamuddi Chak), PS Kadamkuan, PO
Rajendra Nagar, in the town and district of Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar, Advocate
For the Opposite Party/s : Mr.Government Pleader 20
For PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 18-03-2026 Heard the parties.
2. The present petition has been preferred for restoration
of CWJC No. 14006 of 2025 which was dismissed for non-
prosecution on 25.09.2025.
3. For the reasons assigned in paragraphs 3 and 4, the
MJC No. 4043 of 2025 is allowed subject to payment of Rs.500/-
with the Patna High Court Legal Services Committee.
4. The C.W.J.C. No. 14006 of 2025 is restored to its
original file.
(Rajiv Roy, J)
Ravi/-
U
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