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Patna High Court

Prof (Dr) Satyabrat SinghversusTilka Manjhi University

Decided
Disposal
ALLOWED

Holding

The writ petition may be restored when the petitioner demonstrates compelling circumstances for non‑appearance and there is no opposition.

Summary

Prof. (Dr.) Satyabrat Singh filed a civil writ petition (C.W.J.C. No.10145 of 2020) against Tilka Manjhi University, its officials and the State of Bihar. The petition was dismissed on 11‑12‑2023 for non‑prosecution because the petitioner failed to appear. The petitioner later filed an application seeking restoration of the dismissed writ, alleging compelling circumstances that prevented his attendance. The State and the University did not oppose the restoration request. The High Court, after considering the petitioner's explanation and the lack of opposition, allowed the restoration and ordered that the writ petition be reinstated in the original record.

Issues considered

  • Whether a writ petition dismissed for non‑prosecution can be restored on an application showing compelling reasons for the petitioner’s non‑appearance.

Subjects

  • restoration of writ
  • non‑prosecution
  • civil writ jurisdiction
  • procedural law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.445 of 2025
                                                      In
                               Civil Writ Jurisdiction Case No.10145 of 2020
                 ======================================================
                 Prof (Dr) Satyabrat Singh Son of Late Awadh Narain Singh, Resident of- 102,
                 Nanab Colony, Police Line Road, Police Station- Kotwali, District and Town-
                 Bhagalpur.

                                                                               ... ... Petitioner/s
                                                   Versus
           1.    Tilka Manjhi University through the Registrar.
           2.    The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
           3.    The Registrar, Tilka Manjhi, Bhagalpur University, Bhagalpur.
           4.    Finance Officer, Tilka Manjhi Bhagalpur University, Bhagapur.
           5.    The State of Bihar through Principal Secretary, Human Resource
                 Department, Government of Bihar, Patna.
           6.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
           7.    The Director, Higher Education, Department of Education, Government of
                 Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Arvind Kumar Tewary, Adv.
                 For the Opposite Party/s :    Mrs. Binita Singh, SC-28
                 For the University       :    Mr. Ashhar Mustafa, Adv.
                                               Mr. Anita Kumari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   03-04-2026                  This is an application for restoration of C.W.J.C. No.

                   10145 of 2020 which stood dismissed on 11.12.2023 on account

                   of non-prosecution.

                                2. Learned Advocate for the petitioner has apprised

                   this Court by making specific averment in paragraph no. 2 and 3

                   of the restoration application that under what compelling

                   circumstances he could not attend the Court.

                                3. Learned Advocate for the State and the University
             Patna High Court MJC No.445 of 2025(3) dt.03-04-2026
                                                         2/2




                       shown their fair gesture and not opposed the prayer for

                       restoration of writ petition.

                                    4. In view of the submissions advanced and the

                       averments made in the restoration application, the same stands

                       allowed.

                                    5. Consequently C.W.J.C. No. 10145 of 2020 be

                       restored to its original record.



                                                   (Harish Kumar, J)
supratim/-

U


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