Patna High Court

Manoj KumarversusThe State of Bihar through the District Magistrate cum Collector,

Decided: 9 January 2026
Disposal: ALLOWED
Bench: MOHIT KUMAR SHAH

Holding

The petition is restored to its original file.

Summary

The petitioner, Manoj Kumar, filed a petition seeking restoration of a previously dismissed petition (M.J.C. No. 1655 of 2024) that had been dismissed for want of prosecution. The dismissal occurred because the petitioner's counsel was engaged in another case and could not appear when the matter was called for hearing. The petitioner argued that the inability to appear was due to the counsel's prior engagement and requested a sympathetic consideration to restore the petition. The court examined the circumstances and the petitioner's submission, and found it appropriate to restore the dismissed petition to its original file. Consequently, the court allowed the petition and ordered the restoration of the earlier case.

Issues considered

Whether a petition dismissed for want of prosecution can be restored on the ground that the petitioner's counsel was unavailable due to engagement in another case

Subjects

restoration of petition
want of prosecution
procedural law
high court
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4066 of 2024
                                                      In
                              Miscellaneous Jurisdiction Case No.1655 of 2024
                 ======================================================
                 Manoj Kumar Son of Sri Naresh Prasad Sinha Resident of Village- Sevdah,
                 P.O- Sevdah, P.S.- Hamaut, Distt- Nalanda at present residing at village-
                 Srichandpur, Jaigovind path, PO and P.S.- Harnaut, Anchal- Harnaut, District-
                 Nalanda, Postal Address Manoj Kumar, C/o- Ganga Memorial College of
                 Polytechnic, Village- Kharuara PO.- Chero, P.S.- Harnaut, District- Nalanda.

                                                                              ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the District Magistrate cum Collector, Nalanda,
                 Mr. Shashank Shubhankar.
           2.    Mr. Shashank Shubhankar the District- Magistrate cum Collector, Nalanda.
           3.    Mr. Manjit Kumar, The Additional Collector, Nalanda
           4.    Mr. Abhishek Palasiya, the Sub Divisional Officer, Nalanda
           5.    Mr. Niraj Kumar, the Circle Officer, Harnaut, District- Nalanda.
           6.    Brij Bihari Singh, Son of Ram Krishna Singh @ Ram Krishna Prasad,
                 Resident of Village- Nanda Bigha, P.O.- Bagah, P.S.- Harnaut, District-
                 Nalanda.
           7.    Ram Krishna Prasad @ Ram Krishna Singh, Son of Devnandan Singh,
                 Resident of Village- Nanda Bigha, P.O.- Bagah, P.S.- Harnaut, District-
                 Nalanda.
           8.    Ras Bihari Singh, Son of Ramashray Singh, Resident of Village- Nanda
                 Bigha, P.O.- Bagah, P.S.- Harnaut, District- Nalanda.
           9.    Navin Kumar, Son of Nandu Prasad Singh, Resident of Village- Savnahua,
                 P.O.- Savnahua, P.S.- Harnaut, District- Nalanda (803110)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Shubham Sourav, Advocate
                 For the Opposite Party/s :    Standing Counsel- 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   09-01-2026             The      present     petition      has     been        filed     for

                   restoration of a petition bearing M.J.C. No. 1655 of

                   2024, which has stood dismissed for want of

                   prosecution vide order dated 25.10.2024.
         Patna High Court MJC No.4066 of 2024(2) dt.09-01-2026
                                                     2/2




                   2.      The learned counsel for the petitioner has

                   submitted that since the counsel for the petitioner

                   was engaged in another Court, he could not appear

                   when the case was called out for hearing, hence,

                   the aforesaid petition was dismissed for want of

                   prosecution, thus a sympathetic view be taken and

                   the aforesaid petition be restored to its original file.

                   3.      Having regard to the facts and circumstances

                   of the case, considering the submissions made by

                   the learned counsel for the petitioner as also

                   taking into account the averments made in the

                   present petition, I deem it fit and appropriate to

                   direct for restoration of the aforesaid petition

                   bearing M.J.C. No. 1655 of 2024 to its original file.

                   4.      The present petition stands allowed.



                                           (Mohit Kumar Shah, J)
S.Sb/-

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