Patna High Court
Krishnadeo Prasad MahtoversusSuryakant Mahto
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court restored Civil Writ Jurisdiction Case No. 19708 of 2016 to its original file.
Summary
Krishnadeo Prasad Mahto filed a petition before the Patna High Court seeking restoration of Civil Writ Jurisdiction Case No. 19708 of 2016, which had been dismissed for default on 24 November 2025. The petition was filed against several respondents, including family members and various state officials such as the Collector of Samastipur and Darbhanga, and the Survey Settlement Officers. The petitioner argued that the dismissal was erroneous and that the original case should be reinstated. The Court examined whether a dismissal for default could be set aside and the original proceedings revived. Relying on procedural principles, the Court allowed the miscellaneous jurisdiction petition and ordered that the original case be restored to its file. Consequently, CWJC No. 19708 of 2016 was reinstated.
Issues considered
- Whether a civil writ case dismissed for default can be restored upon filing of a petition.
Subjects
- restoration of dismissed case
- default judgment
- civil writ jurisdiction
- high court order
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.532 of 2026
In
Civil Writ Jurisdiction Case No.19708 of 2016
======================================================
Krishnadeo Prasad Mahto Son of Late Singheshwar Prasad Mahto, resident of
village- Bingama, P.S.- Patori, O.P.- Mohanpur, P.O.- Jalalpur, District-
Samastipur.
... ... Petitioner/s
Versus
1. Suryakant Mahto Son of Late Singheshwar Prasad Mahto resident of village-
Bingama, P.S.- Patori, O.P.- Mohanpur, P.O-Jalalpur, District- Samastipur.
2. Wakil Mahto Son of Late Singheswar Mahto resident of village- Bingama,
P.S.- Patori, O.P.- Mohanpur, P.O-Jalalpur, District- Samastipur.
3. Shobha Kunwar Wife of Late Singheswar Mahto resident of village-
Bingama, P.S.- Patori, O.P.- Mohanpur, P.O-Jalalpur, District- Samastipur.
4. Mahinder Mahto Son of Late Sital Mahto resident of village- Bingama, P.S.-
Patori, O.P.- Mohanpur, P.O-Jalalpur, District- Samastipur.
5. The State of Bihar through the Collector, Samastipur
6. The Collector, Darbhanga
7. The Survey Settlement Officer, Patori, as Camp Office in SDO Office
Campus, Patori, Samastipur
8. The Survey Settlement Officer, Darbhanga, in the campus of Darbhanga Raj
Hospital Campus, near Kameshwar Singh Darbhanga University Gate, P.S.-
Darbhanga, District- Darbhanga.
9. The Asst. Settlement Officer, Patori, Laharia Sarai in Darbhanga
10. The Land Acquisition Officer, Samastipur, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Megha Rani, Advocate
For the Opposite Party/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for restoration of CWJC No. 19708 of
2016 which was dismissed for default vide order
Patna High Court MJC No.532 of 2026(3) dt.03-04-2026
2/2
dated 24.11.2025.”
3. For the reasons assigned in paragraph nos. 3 to 6,
MJC No. 532 of 2026 is allowed.
4. CWJC No. 19708 of 2016 stands restored to its
original file.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…