Patna High Court
Anita KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The latest MJC application is not maintainable and is dismissed.
Summary
The petitioner, Anita Kumari, filed a writ application (CWJC No. 2046 of 2023) which was dismissed for non‑compliance with an order dated 06‑09‑2024. She subsequently filed a restoration application (MJC No. 356 of 2025) which was allowed, but the writ was again dismissed for non‑compliance with an order dated 04‑08‑2025. A further miscellaneous application (MJC No. 78 of 2026) seeking restoration was also dismissed on 18‑03‑2026 for failure to obey a peremptory order dated 06‑02‑2026. The petitioner filed another MJC seeking restoration of the original writ. The Court held that, given the repeated non‑compliance, the latest application was not maintainable and dismissed it, granting liberty to the petitioner to pursue appropriate legal steps.
Issues considered
- What is the maintainability of the latest miscellaneous jurisdiction application seeking restoration of a writ that has been repeatedly dismissed for non‑compliance?
Subjects
- writ jurisdiction
- restoration of writ
- non‑compliance
- procedural law
- miscellaneous jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.677 of 2026
In
Civil Writ Jurisdiction Case No.2046 of 2023
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Anita Kumari Wife of Anil Kumar, Resident of Mohall- sudhi Tola, Gandhi
Chowk, P.O. and P.S.- Mahendru, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its the Commissioner, Patna Division, Patna.
2. The District Magistrate, Patna.
3. The District Cooperative Officer, Patna.
4. The Registrar, Cooperative Societies, Patna Sadar, Patna.
5. The Additional Registrar, Cooperative Societies, Patna Sadar, Patna.
6. The Cooperative Extension Officer, Patna Sadar, Patna.
7. Sri Surendra Prasad Singh, the Secretary, Managing Committee of East
Ashok Nagar Sahkari, Grih Nirman Sahyog Samiti Ltd, Kankadbag Patna,
Son of Ram Sharn Mahto, Resident at /12, Hanuman Nagar, P.S.-
Kankardbag, Patna, At present F/40, Vijay Nagar, Hanuman Nagar, P.S.-
Kankadbag, District- Patna 26.
8. Sri Devanand Prasad, Present President, Managing Committee, East Ashok
Nagar Sahkari, Grih Nirman Sahyog Samiti Ltd. Kankadbad Patna, son of
late Kamlanand Prasad resident at Mohalla- Abhyapur, P.S.- Kajra, District-
Munger. At present- J/129, Thana Colony, near Aashirbad Apartment, P.S.-
Kankadbag, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheel Bhadra Jha
For the Opposite Party/s : Mr.Government Pleader 19
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 10-04-2026 The petitioner had filed a writ application bearing
CWJC No. 2046 of 2023, which was dismissed for non-
compliance of the order dated 06-9-2024. For restoration of the
said writ application, the petitioner had filed MJC No. 356 of
2025 and by order dated 20-6-2025, the restoration application
was allowed and the writ application was restored to its original
Patna High Court MJC No.677 of 2026(2) dt.10-04-2026
2/2
file. However, again the writ application was dismissed for non-
compliance of the order dated 4-8-2025. As against the said
order dated 4-8-2025 dismissing the writ application, MJC No.
78 of 2026 was filed, and the said MJC application was also
dismissed on 18-3-2026 for non-compliance of the peremptory
order dated 06-2-2026.
2. Now, the petitioner has filed this application again,
making a prayer for restoring the writ to its original file.
3. For the reasons as explained above, this MJC
application is not maintainable and hence it is dismissed with
liberty to the petitioner to take appropriate steps in accordance
with law.
(Alok Kumar Sinha, J)
kundan/-
U
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