Patna High Court

Ram Awtar SinghversusThe State of Bihar through the District Magistrate, Kaimur at Bhabhua

Decided: 8 May 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

The court held that the civil writ case should be restored to its original file.

Summary

The petitioner, Ram Awtar Singh, filed an application before the Patna High Court seeking restoration of a civil writ case (CWJC No.13219 of 2017) that had been dismissed for non‑prosecution on 26 November 2025. The application was supported by an affidavit and was not contested by any of the respondents, which included the State of Bihar and various district officials. The court examined the reasons set out in the application and affidavit, finding no objection to reinstating the proceedings. Consequently, the judge ordered that the dismissed writ case be restored to its original file. The order effectively revives the petitioner's original writ petition for further adjudication.

Issues considered

Whether a civil writ case dismissed for non‑prosecution can be restored to its original file upon the petitioner's application.

Subjects

restoration of suit
non‑prosecution dismissal
civil writ jurisdiction
procedural law
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.4152 of 2025
                                                        In
                                 Civil Writ Jurisdiction Case No.13219 of 2017
                  ======================================================
                  Ram Awtar Singh S/o Late Shyam Lal Singh R/o Village- Bhundi Tekari,
                  P.O.- Dadar, P.S. Mohania, District- Kaimur at Bhabhua.
                                                                            ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through the District Magistrate, Kaimur at Bhabhua
                   Bihar, Patna.
            2.    The District Programme Officer, Kaimur at Bhabhua.
            3.    The Zila Parishad, Kaimur at Bhabhua, through its Deputy Chairman.
            4.     The Deputy Development Commissioner, Kaimur at Bhabhua.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Mithilesh Kumar Upadhyay, Adv.
                                                   Ms. Tetara Kumari, Adv.
                                                   Mr. Harendra Kumar, Adv.
                  For the Opposite Party/s :       Mr. Standing Counsel 28
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

3    08-05-2026                   Heard the parties.

                                  2. This application has been filed for restoration of

                    CWJC No.13219 of 2017 to its original file which was dismissed

                    for non-prosecution on 26.11.2025.

                                  3. The prayer made by learned counsel for the petitioner

                    is not opposed by the other side.

                                  4. For the reasons as stated in the application and the

                    affidavit, this application is allowed and CWJC No.13219 of 2017

                    is directed to be restored to its original file.


                                               (Alok Kumar Sinha, J)
Prakash Narayan
U

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