Patna High Court

Bharosa RamversusThe State of Bihar

Decided: 24 April 2026
Disposal: ALLOWED
Bench: NANI TAGIA

Holding

The court held that the application for restoration is allowed and the dismissed case is restored to its original file.

Summary

Petitioner Bharosa Ram filed an application seeking restoration of Civil Writ Jurisdiction Case No. 13326 of 2015, which had been dismissed for non‑prosecution on 12 November 2024. The petitioner argued that the dismissal was erroneous and requested that the case be reinstated to its original file. The court examined the restoration application and found no impediment to reinstating the dismissed proceeding. Accordingly, the High Court allowed the restoration application, directing that the case be restored to its original file for further prosecution. No substantive merits of the original writ were addressed in this order.

Issues considered

Whether a civil writ jurisdiction case dismissed for non‑prosecution may be restored upon an application by the petitioner

Subjects

restoration of suit
civil writ jurisdiction
non‑prosecution dismissal
procedural law
High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4483 of 2024
                                                        In
                                Civil Writ Jurisdiction Case No.13326 of 2015
                  ======================================================
                  Bharosa Ram Son of Late Nanhak Ram, Resident of village and P.O.- Sowan,
                  P.S. Krishna Braham, District - Buxar.

                                                                              ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar Bihar.
            2.    The Principal Secretary, Cooperative Department, Bihar, Patna.
            3.    The Additional Secretary, Cooperative Department, Bihar, Patna.
            4.    The Deputy Secretary-cum-Chief Vigilance Officer, Bihar, Patna.
            5.    The Registrar, Cooperative Societies, Bihar, Patna.
            6.    The Joint Registrar, Cooperative Societies, Bihar, Patna.
            7.    The Joint Registrar (Marketing), Cooperative Societies, Bihar, Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Sandhya Kumari Sinha, Advocate
                  For the Opposite Party/s :    Mr. Government Advocate 13
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                                        ORAL ORDER

2    24-04-2026                     Heard learned counsel for the petitioner.
                                 2. This application has been filed for restoration of
                    CWJC No. 13326 of 2015, which stood dismissed for non-
                    prosecution vide order dated 12.11.2024.
                                 3. On the ground mentioned in the restoration
                    application, CWJC No. 13326 of 2015 is restored to its original
                    file.
                                 4. Accordingly, this application is allowed.



                                               (Nani Tagia, J)
nishant/-

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