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Patna High Court

Jaylash DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the writ petition may be restored where the delay in serving notice is inadvertent and bona fide.

Summary

Petitioner Jaylash Devi filed an application seeking restoration of Civil Writ Jurisdiction Case No. 1705 of 2026, which had been dismissed for non‑compliance with a peremptory order dated 03‑02‑2026. The dismissal was due to the failure to serve notice to respondents 11 and 12 within the prescribed time; the notice was filed one day late on 11‑02‑2026. The petitioner argued that the delay was inadvertent and bona fide. The Court examined whether such a delay warranted restoration of the dismissed writ petition. Finding the reasons for delay genuine and not prejudicial, the Court allowed the application and ordered the case to be restored to its original file and notice to be issued to the concerned respondents.

Issues considered

  • Whether a civil writ petition dismissed for non‑compliance with a peremptory order can be restored on account of an inadvertent, bona fide delay in serving notice.

Subjects

  • restoration of writ
  • procedural delay
  • notice issuance
  • Civil Writ Jurisdiction
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.629 of 2026
                                                        In
                                  Civil Writ Jurisdiction Case No.1705 of 2026
                 ======================================================
                 Jaylash Devi Wife of Late Raktu Rai, Resident of Village - Anwarpur, P.S. -
                 Sarai, District - Vaishali.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate -cum- Collector, Vaishali at Hajipur.
           3.    The Deputy Development Commissioner (DDC), Vaishali.
           4.    The Sub- Divisional Officer (SDO), Hajipur.
           5.    The District Panchayati Raj Officer (DPRO), Vaishali.
           6.    The Deputy Collector Land Reform (DCLR), Hajipur.
           7.    The Executive Engineer, Vaishali building division, Hajipur.
           8.    The Circle Officer, Lalganj.
           9.    The Block Development Officer (BDO), Lalganj, District -Vaishali.
           10. The Station House Officer, Sarai.
           11. Mukhiya Gram Panchayat Raj, Anwarpur, P.S. - Sarai, District- Vaishali.
           12. Panchayat Secretary, Gram Panchayat Raj, Anwarpur, P.S. Sarai, District-
               Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prince Kumar Mishra
                 For the Opposite Party/state:   Mr. Kumar Pankaj, AC to Standing Counsel 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   03-04-2026            1. Heard the parties.

                          2. The present application has been filed for restoration of

                   C.W.J.C. No. 1705 of 2026, which got dismissed due to non

                   compliance of peremptory order dated 03.02.2026.

                          3. Learned counsel for the petitioner submits that due to

                   inadvertent and bona fide reasons the requisites for issuance of
           Patna High Court MJC No.629 of 2026(2) dt.03-04-2026
                                                       2/2




                     notice upon respondent nos. 11 & 12 could not be filed within

                     stipulated time and the same was filed after delay of one day on

                     11.02.2026.

                            4. For the reasons stated in this application, the same is

                     allowed and the connected case bearing C.W.J.C. No. 1705 of

                     2026 is restored to its original file.

                            5. Office is directed to take steps for issuance of notice to

                     the respondent no. 11 & 12.



                                              (Anil Kumar Sinha, J)
praful/-

U


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