Patna High Court
Raj Kumar MahtoversusThe State of Bihar through the Principal Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
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
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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
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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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