Patna High Court

Upendra SahversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: KHATIM REZA

Holding

A civil writ case dismissed for default may be restored if the court, after considering the facts and circumstances, is satisfied with the petitioner's application.

Summary

Petitioner Upendra Sah filed an application seeking restoration of Civil Writ Jurisdiction Case No. 19455 of 2015, which had been dismissed for default on 18 August 2018. The High Court examined the facts and circumstances presented in the application. Finding merit in the petitioner's request, the Court allowed the application. Consequently, the dismissed writ case was restored to its original file and number. The order was pronounced by Justice Khatim Reza.

Issues considered

Whether a civil writ jurisdiction case dismissed for default can be restored to its original file upon application by the petitioner

Subjects

restoration of writ
default dismissal
civil writ jurisdiction
high court
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.4609 of 2018
                                                       In
                                 Civil Writ Jurisdiction Case No.19455 of 2015
                  ======================================================
                  Upendra Sah S/o Late Raj Kumar Sah R/o Village- Katalpur, P.S.
                  Baikunthpur, District- Gopalganj
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.    The Collector cum District Magistrate Gopalganj
            3.    Sub Divisional Officer Gopalganj
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Naresh Chandra Verma, Advocate
                  For the Opposite Party/s :    Mr. Dr. Mankeshwar Tiwari, AC to AAG-3
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER
3    13-02-2026                  The present application has been filed for restoration

                    of C.W.J.C No. 19455 of 2015 which was dismissed for default

                    on 18.8.2018 to its original file and number.

                                 2. Having regard to the facts and circumstances of the

                    case and the averments made in the application, the same is

                    allowed.

                                 3. Accordingly, C.W.J.C No. 19455 of 2015 is

                    restored to its original file and number.



                                               (Khatim Reza, J)
shyambihari/-

U

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