Patna High Court
Vijay KumarversusThe State of Bihar through Sri S. Sidhartha, the ACS Department of Education Govt. of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
MJC No. 533 of 2019 is restored to its original file, subject to payment of Rs.1,000 to the Patna High Court Legal Services Committee.
Summary
Vijay Kumar filed Miscellaneous Jurisdiction Case No. 70 of 2026 seeking restoration of his earlier petition, MJC No. 533 of 2019, which had been dismissed by a pre‑emptory order on 27 July 2023. The petitioner argued that the dismissal was erroneous and that the earlier case should be reinstated. The High Court examined whether the earlier dismissal could be set aside and what conditions, if any, should be imposed for restoration. The Court held that the earlier case could be restored, but conditioned the restoration on the petitioner paying a fee of Rs.1,000 to the Patna High Court Legal Services Committee. Accordingly, MJC No. 533 of 2019 was restored to its original file and the current application (MJC No. 70 of 2026) was allowed subject to the payment.
Issues considered
- What is the appropriate procedure for restoring a dismissed Miscellaneous Jurisdiction Case?
- Whether the Court may impose a condition of payment of a fee for restoration of the earlier case?
Subjects
- restoration of case
- pre‑emptory order
- legal services fee
- High Court procedure
- Miscellaneous Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.70 of 2026
In
Miscellaneous Jurisdiction Case No.533 of 2019
======================================================
Vijay Kumar Son of Late Harinandan Mandal, Resident of Ward No. 2,
Vidyapati, Madhepura, P.O. and P.S.-Madhepura, District-Madhepura (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Sri S. Sidhartha, the ACS Department of
Education Govt. of Bihar Patna.
2. The B.N. Mandal University, through its Registrar, Colonel Neeraj Kumar
having office at Lalu Nagar, Madhepura.
3. Dr. Awadh Kishore Ray, th Vice-Chancellor, B.N. Mandal University, having
office at Lalu Nagar, Madhepura.
4. Colonel Neeraj Kumar, the Registrar, B.N. Mandal University, having office
at Lalu Nagar, Madhepura.
5. Dr. Rajiv Sinha, the Principal, Parwati Science College, Kirti Nagar,
Madhepura, District-Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikesh Kumar, Adv.
For the Opposite Party/s : Mr. Sumant Kumar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-04-2026 Heard the parties.
2. The present application has been preferred for
restoration of MJC No. 533 of 2019 which was dismissed by the
pre-emptory order dated 27.07.2023 passed by this Court.
3. For the reasons assigned in Paragraph nos. 4 to 6 of
the petition, the MJC No. 70 of 2026 is allowed subject to
payment of Rs. 1,000/- to Patna High Court Legal Services
Committee which in turn will go to the SUVAS Cell, Patna High
Court.
Patna High Court MJC No.70 of 2026(4) dt.24-04-2026
2/2
4. Accordingly, the MJC No. 533 of 2019 is restored
to its original file.
(Rajiv Roy, J)
Vijay Singh/-
U
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