Patna High Court
Sheo Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The writ petition is restored, subject to payment of costs.
Summary
The petitioner, Sheo Shankar Singh, filed an application seeking restoration of his earlier writ petition (CWJC No. 17784 of 2016) which had been dismissed for non‑prosecution due to his repeated non‑appearance. The State argued that the dismissal was proper on that ground. The petitioner contended that the cause of action still existed and that failure to restore the petition would cause irreparable injury. After hearing both sides, the Court held that the writ petition could be restored as the substantive cause of action remained alive. The restoration was ordered subject to the petitioner paying a cost of Rs. 1,000 to the Patna High Court Legal Services Authority.
Issues considered
- Whether a writ petition dismissed for non‑prosecution can be restored when the cause of action subsists
- Whether the petitioner is entitled to relief to avoid irreparable injury
Subjects
- environmental law
- forest department
- writ petition
- restoration
- non‑prosecution
- legal services authority
- cost
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.72 of 2026
In
Civil Writ Jurisdiction Case No.17784 of 2016
======================================================
Sheo Shankar Singh Son of Late Dargahi Singh, resident of Village- Bansa,
Police Station - Sasaram (M), District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Environment Forest
Department, Government of Bihar, Patna.
2. The Secretary, Environment Forest Department, Government of Bihar,
Patna.
3. The Chief Conservator of Forest, Bihar, Patna.
4. The Divisional Forest Officer cum Authorized Officer, Rohtas Division,
Rohtas at Sasaram.
5. The District Magistrate, Rohtas at Sasaram.
6. The District Forest Officer, Rohtas at Sasaram.
7. The Range Officer, Sasaram Forest Area, District Rohtas at Sasaram.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Government Pleader 11
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 13-03-2026 Heard the parties.
2. Application is filed for restoration of CWJC No.
17784 of 2016, which stood dismissed on account of non-
prosecution vide order dated 18.08.2023 passed by this Court.
3. Learned Advocate for the State submitted that on
account of repeated non appearance of the petitioners, the writ
petition stood dismissed on account of non-prosecution.
4. Learned Advocate for the petitioner submits that
Patna High Court MJC No.72 of 2026(3) dt.13-03-2026
2/2
the cause of action still survives and if the writ petition is not
restored, irreparable injury shall be caused to the petitioner.
5. Having considered the submissions advanced and
taking note of the averments made in the present application, the
writ petition bearing CWJC No. 17784 of 2016 stands restored,
subject to payment of cost of Rs. 1000/- in the Patna High Court
Legal Services Authority.
(Harish Kumar, J)
shivank/-
U
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