Patna High Court
Steel Fab Industries,versusUnion of India
- Decided
- Disposal
- DISPOSED
Holding
A restoration application for a withdrawn civil writ petition is not maintainable.
Summary
Steel Fab Industries filed a petition seeking restoration of a civil writ (CWJC No. 7517 of 2017) that had been withdrawn by order on 26 September 2019. The Stamp Reporter objected, arguing that a withdrawn writ cannot be restored. The Court examined the earlier order permitting withdrawal, noting reliance on judgments of the Jharkhand High Court and the Supreme Court (SLP (C) Nos. 31297/2016 and 31643/2016). The Court held that, as correctly pointed out by the Stamp Reporter, a restoration application for a withdrawn writ is not maintainable. Consequently, the application was dismissed as not maintainable.
Issues considered
- Whether an application for restoration of a civil writ petition that has been lawfully withdrawn is maintainable.
Subjects
- civil writ jurisdiction
- withdrawal of petition
- restoration
- maintainability
- high court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5065 of 2019
In
Civil Writ Jurisdiction Case No.7517 of 2017
======================================================
Steel Fab Industries, having its Office at Choti Pahari NH 30 P.S. Agam Kuan
through its proprietor Jaspal Singh son of Shri. Gurdyal Singh, resident of B
9, P.O. Lohia Nagar, P.S. Patrakar Nagar, District-Patna.
... ... Petitioner/s
Versus
1. Union of India through the Secretary, Ministry of Finance, North Block,
New Delhi.
2. Commissioner of Central Excise and Service Tax having its office at Central
Revenue Building, Beer Chand Patel Marg, Patna.
3. Joint Commissioner, Central Excise and Service Tax, Patna.
4. Asst. Commissioner, Central Excise and Service Tax, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sadashiv Tiwari, Advocate
For the U.O.I. : Mrs. Parul Prasad, CGC
Mr. Aditya Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
2 06-02-2026 Heard learned counsel for the parties.
2. Perused the office note dated 5.2.2026, according to
which the Stamp Reporter has raised an objection with respect
to maintainability of the instant application.
3. The instant application has been filed praying for
restoration of CWJC no.7517 of 2017, which was permitted to
be withdrawn by order dated 26.9.2019. The order dated
26.9.2019 is reproduced herein below for ready reference :-
Patna High Court MJC No.5065 of 2019(2) dt.06-02-2026
2/2
“After some arguments, in view of
judgment passed in W.P(T) No. 4858 of 2015 &
analogous cases by the Jharkhand High Court
which judgment has been affirmed by the
Hon’ble Supreme Court in SLP (C) No. 31297 of
2016 with SLP (C) 31643 of 2016, learned
counsel for the petitioner seeks permission to
withdraw this petition.
In such view of the matter, this
petition is permitted to be withdrawn.”
4. In our opinion, the writ application (CWJC no.7517
of 2017) having been withdrawn by learned counsel for the
petitioner, as rightly pointed out by the Stamp Reporter, the
restoration application will not be maintainable.
5. The application is disposed of as not maintainable.
(Partha Sarthy, J)
(Rajiv Roy, J)
avinash/-
U
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