Patna High Court

Bindhyachal OjhaversusThe State of Bihar,

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

Holding

The dismissal was set aside and the case restored, subject to compliance with the peremptory order within three weeks.

Summary

The petitioners filed an application seeking restoration of Civil Writ Jurisdiction Case No.12679 of 2008, which had been dismissed for failure to comply with a peremptory order dated 28‑08‑2018 issued by a Coordinated Bench of the Patna High Court. The petitioners contended that the dismissal was premature and that they were prepared to comply with the order. The Court examined the procedural lapse and considered the principle that a dismissal for non‑compliance can be set aside if the parties are willing to obey the original directive. Finding no substantive prejudice and noting the petitioners' readiness to comply, the Court allowed the application. Consequently, the case was restored to its original file and number, with a condition that the peremptory order be complied with within three weeks of the order date.

Issues considered

Whether the dismissal of C.W.J.C No.12679 of 2008 for non‑compliance with the peremptory order can be set aside and the case restored?

Subjects

restoration of suit
peremptory order
civil writ jurisdiction
procedural compliance
high court order

Judgment

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Miscellaneous Jurisdiction Case No.4684 of 2018
                                              In
                      Civil Writ Jurisdiction Case No.12679 of 2008
        ======================================================
1.       Bindhyachal Ojha Son of Banshropan Ojha Resident of Village - Ojhawalia,
         Post - Kochas, Police Station - Kochas, District- Rohtas.
2.      Rameshwar Ojha Son of Banshropan Ojha, Resident of Village - Ojhawalia,
        Post - Kochas, Police Station - Kochas, District- Rohtas.

                                                                   ... ... Petitioner/s
                                           Versus
1.        The State of Bihar,
2.        The Director, Consolidation, Bihar, Patna.
3.        The Joint Director, Consolidation, Bihar, Patna.
4.        Sri Deo Kumar Choubey, Joint Director, Consolidation Bihar, Patna.
5.        The Deputy Director, Consolidation, Rohtas at Sasaram.
6.        The Consolidation Officer, Kargahar, District- Rohtas.
7.(a)     Nandlal Ojha Son of late Mahendra Ojha, Resident of Village - Ojhawalia,
          Post - Kochas, P.S. Kargahar, District- Rohtas.
7(b)      Shyamlal Ojha Son of late Mahendra Ojha, Resident of Village -
          Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
7(c)      Om Prakash Ojha Son of Late Mahendra Ojha, Resident of Village -
          Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(a)      Ajit Ojha Son of late Rangnath Ojha, Resident of Village - Ojhawalia, P.O.
          - Kochas, P.S. - Kargahar, District- Rohtas.
8(b)      Mithilesh Ojha Son of late Rangnath Ojha, Resident of Village -
          Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(c)      Ramrati Kunwar Wife of late Rangnath Ojha, Resident of Village -
          Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(d)      Prem Devi Wife of Sri Sita Ram Upadhyay, D/o late Rangnath Ojha,
          Resident of Village- Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District-
          Rohtas.
8(e)      Sabita Devi Wife of Sri Vijay Pandey, D/o late Rangnath Ojha, Resident
          of Village - Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(f)      Anita Devi Wife of Chunmun Pandey, D/o Late Rangnath Ojha, Resident
          of Village - Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(g)      Ludan Devi Wife of not known, D/o Late Rangnath Ojha, Resident of
          Village - Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
8(h)      Pushpa Devi Wife of not known, D/o late Rangnath Ojha, Resident of
          Village - Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
9(a)      Mostt. Guljaria Devi Wife of Late Baleshwar Ojha, Resident of Village -
          Ojhawalia, P.O. - Kochas, P.S. - Kargahar, District- Rohtas.
Patna High Court MJC No.4684 of 2018(5) dt.13-02-2026
                                            2/3




  9(b)     Kameshwar Ojha (Deceased)
  9(c)     Jitendra Ojha
  9(d)     Hari Govind Ojha
  9(e)     Rabindra Ojha
  9(f)     Dhurpendra Ojha, All sons of late Baleshwar Ojha.
  10(a) Mostt. Ram Pyari Devi wife of late Ram Narain Ojha
  10(b) Sachidanand Ojha
  10(c) Girijanand Ojha
  10(d) Vivekanand Ojha
  10(e) Rakesh Ojha, all sons of late Ram Narain Ojha
  11       Rajeshwari Ojha (Deceased)
  12.      Ramanuj Ojha
  13       Shyam Baidehi Ojha (Deceased)
  14       Jagdish Ojha (Deceased) all sons of late Kedar Ojha
  15(a) Set Bandh Ojha son of late Deonath Ojha
  15(b) Ganpati Devi wife of late Haridwar Ojha
  15(c) Pankaj Ojha son of late Haridwar Ojha
  16       Bishwanath Ojha
  17       Chhabinath Ojha
  18       Dinanath Ojha all sons of Brij Bashi Ojha
  19.      Ramchandra Ojha son of Ram Briksh Ojha
  20       Deo Bansh Ojha
  21.      Bansh Narain Ojha Both sons of late Hari Ojha. All R/o village Ojhawalia,
           P.O. Kochas, P.S. Kargahar, dist. Rohtas.
  22.      Rameshwar Upadhyay W/o Mosafir Upadhyay, R/o village Manipur, P.O.
           Kochas, PS Kargahat, Dist. Rohtas.
  23(a)    Ramanand Tiwary
  23(b) Shivanand
  23(c) Shikant
  23(d) Pappu
  23(e) Tej Narayan Tiwary All sons of late Ram pujan Tiwary
  23(f)    Jhalara Devi D/o late Ram pujan Tiwary wife of not known
  23(g) Malari Devi D/o late Ram pujan Tiwary wife of not known
  23(h) Potari Devi D/o late Ram pujan Tiwary wife of not known
  23(i)    Babuni
  23(j)    Renu
  23(k) Lakhpati Kunwar (Deceased) wife of late Ram pujan Tiwary All R/o
        village Ojhawalia, PO Kochas, PS Kargahar, Dist. Rohtas
           Patna High Court MJC No.4684 of 2018(5) dt.13-02-2026
                                                       3/3




             24(a) Bechani Devi D/o late Raj Narayan Ojha, Wife of Janardan Choubey, R/o
                   village Mukhroan, PO+PS Ramkarpur, Dist Kaimur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Surendra Kumar Mishra, Advocate
                  For the Opposite Party/s :        Mr.Md. Khurshid Alam , Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER

5    13-02-2026                   The present application has been filed for restoration

                     of C.W.J.C No. 12679 of 2008 to its original file and number,

                     which was dismissed due to no compliance of the peremptory

                     order dated 28.08.2018 passed by a Co-ordinate Bench of this

                     Court.

                                  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. 12679 of 2008 is

                     restored to its original file and number, subject to compliance of

                     the peremptory order dated 28-08-2018 within a period of three

                     weeks from today.



                                                  (Khatim Reza, J)
shyambihari/-

U

Continue reading with your account

Checking your session…