Patna High Court
Rajni DeviversusThe State of Bihar through its Chief Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
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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