Patna High Court
Saraswati DeviversusThe State of Bihar through the Divisional Commissioner
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is allowed and the dismissed civil writ case is restored to its original file subject to payment of Rs.500 to the Legal Services Committee.
Summary
Saraswati Devi filed a petition seeking restoration of Civil Writ Jurisdiction Case No. 14911 of 2016, which had been dismissed for non‑prosecution on 1 September 2025. The petition argued that the dismissal was premature and that the case should be reinstated to allow the substantive relief sought. The High Court examined whether the procedural lapse justified dismissal and whether the petitioner was eligible for restoration under the court's inherent powers. It held that the dismissal could be set aside provided the petitioner complied with a nominal fee to the Legal Services Committee. Accordingly, the court allowed the petition, directed payment of Rs.500, and restored the original case file.
Issues considered
- Whether a civil writ case dismissed for non‑prosecution can be restored upon petition
- Whether the petitioner is required to pay a fee to the Legal Services Committee for restoration
Subjects
- restoration of dismissed case
- civil writ jurisdiction
- non‑prosecution dismissal
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.554 of 2026
In
Civil Writ Jurisdiction Case No.14911 of 2016
======================================================
Saraswati Devi Wife of Sri Shyam Narayan Yadav, Resident of Village
Nadauna P.S. Bhagwanganj P.O. Bara, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Divisional Commissioner Patna Division.
2. The Deputy Collector Land Reforms, Masaurhi, Patna.
3. Sri Ram Parvesh Yadav, Son of Late Sohri Yadav, Resident of Village
Nadauna, P.S. Bhagwanganj, P.O. Bara, District Patna.
4. Sri Prithvi Yadav, Son of Late Sohri Yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
5. Sri Satyanarain Yadav, Son of Late Sohri Yadav, Resident of Village
Nadauna, P.S. Bhagwanganj, P.O. Bara, District Patna.
6. Sri Ghamandi Yadav, Son of Late Sohri yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
7. Mosmat Shanti Devi, Wife of Late Ganesh Yadav, Resident of Village
Nadauna, P.S. Bhagwanganj, P.O. Bara, District Patna.
8. Sri Santosh Yadav, Son of Late Ganesh Yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
9. Sri Mantosh Yadav, Son of late Ganesh Yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
10. Sri Krishna Yadav, Son of Sri Ram Das Yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
11. Smt. Minta Devi, Wife of Sri Krishna Yadav, Resident of Village Nadauna,
P.S. Bhagwanganj, P.O. Bara, District Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sajal Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 18-03-2026 Heard the parties.
2. The present petition has been preferred for
restoration of CWJC No. 14911 of 2016 which was dismissed
Patna High Court MJC No.554 of 2026(3) dt.18-03-2026
2/2
for non-prosecution on 01.09.2025.
3. For the reasons assigned in paragraphs 5 and 6, the
MJC No. 554 of 2026 is allowed subject to payment of Rs.500/-
with the Patna High Court Legal Services Committee.
4. The C.W.J.C. No. 14911 of 2016 is restored to its
original file.
(Rajiv Roy, J)
Ravi/-
U
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