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Patna High Court

Nirmala DeviversusThe State of Bihar through the Principal Secretary, Social Welfare Department

Decided
Disposal
DISPOSED

Holding

The writ petition is restored subject to removal of defects within two weeks.

Summary

The petitioner, Nirmala Devi, filed a civil writ petition (CWJC No.13170 of 2025) against the State of Bihar. The petition was found to have procedural defects, prompting a restoration application. The Court examined whether the petition could be reinstated despite these defects. Justice Alok Kumar Sinha allowed the restoration application, directing that the case be restored to its original file. The restoration is conditional upon the petitioner removing the identified defects within two weeks of the order.

Issues considered

  • Whether the civil writ petition should be restored despite procedural defects

Subjects

  • civil writ jurisdiction
  • restoration of petition
  • procedural defect
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.4194 of 2025
                                                    In
                              Civil Writ Jurisdiction Case No.13170 of 2025
                 ======================================================
                 Nirmala Devi

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar through the Principal Secretary, Social Welfare Department

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Bihari Tiwary, Adv
                 For the Opposite Party/s :       Mr.Standing Counsel 24
                 For the State                    Mrs. Shally Kumari AC to SC-24

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   06-02-2026                       Heard learned counsel for the petitioner and learned

                   counsel for the opposite parties- State.

                                2.       For the reasons stated in the restoration

                   application, CWJC No.13170 of 2025 is restored to its original

                   file, subject to removal of the defects as pointed out by the

                   office within a period of two weeks from today.

                                3. The restoration application is allowed.



                                              (Alok Kumar Sinha, J)
N.K/-

U


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