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Patna High Court

Raj Kumar MahtoversusThe State of Bihar through the Principal Secretary

Decided
Disposal
ALLOWED

Holding

The petition is allowed and CWJC No. 6182 of 2017 is restored to its original file subject to payment of Rs.500 to the Legal Services Committee.

Summary

The petitioners, a group of individuals from Purnea, filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 6182 of 2017, which had been dismissed for failure to comply with a peremptory order dated 02‑09‑2025. The respondents, the State of Bihar and various officials, opposed the restoration. The High Court examined whether the petition could be revived despite the earlier non‑compliance and considered the condition imposed by the court that a nominal fee of Rs.500 be paid to the Legal Services Committee for the purchase of flower pots. Finding the condition reasonable, the Court allowed the petition, directing payment of the fee and ordering the restoration of the dismissed case to its original file. Consequently, the civil writ jurisdiction case was reinstated subject to the stipulated payment.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for non‑compliance with a peremptory order can be restored upon filing a petition.
  • Whether the imposition of a nominal payment to the Legal Services Committee is a valid condition for restoration.

Subjects

  • restoration of writ
  • civil writ jurisdiction
  • peremptory order
  • procedural compliance
  • legal services committee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4051 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.6182 of 2017
                 ======================================================
           1.     Raj Kumar Mahto S/o Late Prasadi Mahto, R/o Mohalla-Tola Maidania
                  Rehka, P.O.-Srinagar, P.S.-K. Nagar, District-Purnea.
           2.    Mohan Mahto, S/o Munilal Mahto, R/o Mohalla-Tola Maidania Rehka, P.O.-
                 Srinagar, P.S.-K. Nagar, District-Purnea.
           3.    Dinanath Mahto, S/o Late Bhagwan Mahto, R/o Mohalla-Tola Maidania
                 Rehka, P.O.-Srinagar, P.S.-K. Nagar, District-Purnea.
           4.    Brahmdeo Mahto, S/o Late Bhagwan Mahto, R/o Mohalla-Tola Maidania
                 Rehka, P.O.-Srinagar, P.S.-K. Nagar, District-Purnea.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary Revenue Department,
                 Govt. of Bihar, Patna, Bihar.
           2.    The Collector, Purnia.
           3.    The Additional Collector, Land Ceiling, Purnia.
           4.    Smt. Manorma Devi, W/o Late Ganganand Singh, Resident of Shrinagar
                 Dyordhi, P.O.-Shrinagar, P.S.-K. Nagar, District-Purnia.
           5.    Smt. Pramila Ramaji, W/o Late Parmanand Singh, Resident of Shrinagar
                 Dyordhi, P.O.-Shrinagar, P.S.-K. Nagar, District-Purnia.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajit Kumar Singh, Advocate
                 For the State            :     Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   25-02-2026                      Heard the parties.

                                 2. The present petition has been preferred for the

                   restoration of CWJC No. 6182 of 2017 which was dismissed

                   due to non-compliance of the peremptory order dated

                   02.09.2025.

                                 3. For the reasons assigned in paragraph nos. 5 and 6
            Patna High Court MJC No.4051 of 2025(3) dt.25-02-2026
                                                        2/2




                      of the petition, MJC No. 4051 of 2025 is allowed subject to

                      payment of Rs.500/- to Patna High Court Legal Services

                      Committee which in turn go to SUVAS CELL for the purchase

                      of flower pots.

                                   4. Accordingly, CWJC No. 6182 of 2017 is restored

                      to its original file.



                                                     (Rajiv Roy, J)
vinayak/-

U


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