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Patna High Court

Rajni DeviversusThe State of Bihar through its Chief Secretary

Decided
Disposal
ALLOWED

Holding

The High Court restored the dismissed civil writ case, subject to the petitioner paying Rs.500 to the Legal Services Committee.

Summary

The petitioner, Rajni Devi, filed a miscellaneous jurisdiction petition (MJC No.4266 of 2025) seeking restoration of a civil writ jurisdiction case (CWJC No.15102 of 2022) that had been dismissed for failure to comply with a peremptory order dated 18‑09‑2025. The High Court examined whether the dismissal could be set aside and what conditions, if any, could be imposed for restoration. The Court held that the dismissed case could be restored, subject to the petitioner paying a nominal sum of Rs.500 to the Patna High Court Legal Services Committee, the proceeds of which would go to the SUVAS Cell for purchase of flower pots. Upon compliance with this condition, the Court ordered that CWJC No.15102 of 2022 be restored to its original file. The order was pronounced by Justice Rajiv Roy.

Issues considered

  • Whether a civil writ jurisdiction case dismissed for non‑compliance with a peremptory order may be restored by filing a miscellaneous jurisdiction petition?
  • Whether the High Court may condition the restoration of such a case on the payment of a nominal fee to its Legal Services Committee?

Subjects

  • restoration of dismissed case
  • peremptory order
  • civil writ jurisdiction
  • High Court jurisdiction
  • legal services committee
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4266 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.15102 of 2022
                 ======================================================
                 Rajni Devi W/o- Late Ashok Manjhi R/o- Sanda, Post- Sanda, P.S.- Dhanarua,
                 District- Patna, Bihar- 804452.


                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through its Chief Secretary Main Secretariat, Patna,
                 Bihar- 800001.
           2.    The Principal Secretary, Home Department, Government of Bihar, Sardar
                 Patel Bhavan, Bailey Road, Patna, Bihar- 800015.
           3.    The Inspector General of Prisons, Government of Bihar, Main Secretariat,
                 Patna, Bihar- 800001.
           4.    Director General of Police, Bihar, Government of Bihar, Sardar Patel
                 Bhavan, Bailey Road, Patna, Bihar- 800015.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Anupam Prabhat Shrivastava, Advocate
                 For the State           :      Mr. Advocate General
                 ======================================================
                 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. 15102 of 2022 which was dismissed

                   due to non-compliance of the peremptory order dated

                   18.09.2025.

                                 3. For the reasons assigned in paragraph nos. 2 and 3

                   of the petition, MJC No. 4266 of 2025 is allowed subject to

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

                   Committee which in turn it will go to SUVAS CELL for the
            Patna High Court MJC No.4266 of 2025(3) dt.25-02-2026
                                                        2/2




                      purchase of flower pots.

                                   4. Accordingly, CWJC No. 15102 of 2022 is restored

                      to its original file.



                                                     (Rajiv Roy, J)
vinayak/-

U


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