Patna High Court

Navin Kumar Saha,versusThe State Of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The High Court restored the dismissed civil writ case, subject to a nominal fee payment.

Summary

The petitioner, Navin Kumar Saha, filed a petition seeking restoration of Civil Writ Jurisdiction Case No.10193 of 2015, which had been dismissed on 26 November 2018 for want of prosecution. The petition was filed under Miscellaneous Jurisdiction Case No.5268 of 2018 before the Patna High Court. The court examined whether the dismissal could be set aside and the original case reinstated. It held that the dismissal could be remedied, subject to the petitioner paying a nominal fee of Rs.500 to the High Court Legal Services Committee. Consequently, the court allowed the miscellaneous petition, ordered the payment, and restored the original civil writ case to its file.

Issues considered

Whether a civil writ case dismissed for want of prosecution may be restored upon filing a petition under miscellaneous jurisdiction.

Subjects

civil writ jurisdiction
restoration
want of prosecution
high court order
legal services fee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.5268 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.10193 of 2015
                 ======================================================
                 Navin Kumar Saha, S/o Late Devendra Parasad, Block No- 9, Flat No.- 93,
                 Dinkar Golambar, Rajendra Nager, P.O.- Rajendra Nager, P.S.- Kadam Kuan,
                 District- Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar, Patna.
           2.    The District Magistrate, Patna.
           3.    The Senior Superintendent of Police, Patna.
           4.    The Patna Municipal Corporation through its Municipal Commissioner,
                 Budha Marg, Patna.
           5.    The Office-In-Charge, Police Station, Patna.
           6.    Binod Raut, S/o not known, Plot No. 91, Block No.- 9, P.R.D.A.. Flaks,
                 Near Dinkar Chauraha, Rajendra Nager, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Bishwa Bibhuti Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Yogendra Prasad Sinha, AAG-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for restoration of the CWJC No. 10193

                                   of 2015 which was dismissed for want of

                                   prosecution on 26.11.2018.”

                                3. For the reasons assigned in paragraph nos. 3 and 4,

                   MJC No. 5268 of 2018 is allowed subject to payment of Rs.

                   500/- to the Patna High Court Legal Services Committee.
          Patna High Court MJC No.5268 of 2018(3) dt.09-04-2026
                                                      2/2




                                 4. CWJC No. 10193 of 2015 stands restored to its

                    original file.



                                                   (Rajiv Roy, J)
Adnan/-

U

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