Patna High Court
Ram Jaipal Rai alias Jaipal RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The court held that CWJC No. 10965 of 2016 is restored to its original file.
Summary
The petitioner, Ram Jaipal Rai, filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 10965 of 2016, which had been dismissed for non‑prosecution on 21 July 2025. The petition argued that the dismissal was erroneous and that the case should be reinstated to its original file. The High Court examined whether a dismissal for non‑prosecution could be set aside and the case restored. The Court held that the dismissal could be reversed, subject to a nominal payment of Rs. 500 to the Legal Services Committee for the purchase of flower pots. Consequently, the Court ordered that CWJC No. 10965 of 2016 be restored to its original file and allowed the petition.
Issues considered
- Whether a civil writ jurisdiction case dismissed for non‑prosecution can be restored to its original file?
Subjects
- restoration of dismissed case
- non‑prosecution dismissal
- civil writ jurisdiction
- Patna High Court
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.481 of 2026
In
Civil Writ Jurisdiction Case No.10965 of 2016
======================================================
Ram Jaipal Rai alias Jaipal Rai Son of Late Ram Ekbal Rai Resident of
village- Gangajal Tola, P.S.- Sonepur, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector, Saran at Chapra.
3. The District Land Acquisition Officer, Saran at Chapra.
4. The General Manager, East Central Railway, Hajipur District- Vaishali.
5. The Divisional Railway Manager, East Central Railway Sonepur District-
Saran.
6. Ram Nath Rai, Son of Late Ram Ekbal Rai Residents of village- Ganganjal
Tola, P.S.- Sonepur, District- Saran.
7. Sudarshan Rai, Son of Late Ram Ekbal Rai Residents of village- Ganganjal
Tola, P.S.- Sonepur, District- Saran.
8. Suresh Rai, Son of Late Ram Ekbal Rai Residents of village- Ganganjal
Tola, P.S.- Sonepur, District- Saran.
9. Surendra Rai, Son of Late Ram Ekbal Rai Residents of village- Ganganjal
Tola, P.S.- Sonepur, District- Saran.
10. Siya Ram Rai, Son of Late Ram Ekbal Rai Residents of village- Ganganjal
Tola, P.S.- Sonepur, District- Saran.
11. Meena Kumari, Daughter of Late Ram Ekbal Rai Wife of Duniya Rai
Resident of village - Rambhaddar, P.S.- Hajipur District - Saran.
12. Urmila Kumari, Daughter of Late Ram Ekbal Rai Wife of Birendra Rai
Resident of village - Dilip Chak P.S.- Danapur District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bajarangi Lal
For the Opposite Party/s : Mrs. Archana Meenakshee, GP-6
Mr. Rohit Singh, AC to GP-6
For the GOI : Mr. Awadhesh Kumar Pandey, Sr. CGC
Mr. Ravindra Kumar Sharma, CGC
Mr. Lokesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-06-2026 Heard the parties.
2. The present petition has been preferred for the
Patna High Court MJC No.481 of 2026(4) dt.19-06-2026
2/2
following relief(s):
“for restoration of CWJC No. 10965 of
2016 to its original file which has been dismissed
for non prosecution vide order dated 21.07.2025.”
3. For the reasons assigned in paragraph nos. 4 to 6,
MJC No. 481 of 2026 is allowed subject to payment of Rs. 500/-
to the Patna High Court Legal Services Committee which in
turn will go to the SUVAS Cell (Supreme Court Vidhik Anuvaad
Software Cell) for the purchase of flower pots.
4. CWJC No. 10965 of 2016 stands restored to its
original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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