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Patna High Court

Ram Pukar RayversusThe State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department

Decided
Disposal
ALLOWED

Holding

The Court allowed the restoration of the dismissed writ case, subject to payment of the prescribed fee.

Summary

Petitioner Ram Pukar Ray filed a Miscellaneous Jurisdiction petition seeking restoration of Civil Writ Jurisdiction Case No. 8518 of 2022, which had been dismissed for default on 10‑02‑2026 for failing to comply with the order dated 13‑01‑2026. The petitioner argued that the default was due to an inadvertent mistake and requested additional time to rectify the defects. The Court granted a further two‑week period to comply with the earlier order and ordered that the writ case be restored to its original file, subject to the petitioner’s counsel paying a fee of Rs. 500 to the Advocates’ Association. The order effectively reinstated the writ proceedings, allowing the petitioner to pursue the substantive relief sought. The decision underscores the Court’s willingness to permit restoration where procedural lapses are remedied promptly.

Issues considered

  • What is the appropriate remedy when a civil writ case is dismissed for default due to non‑compliance with a procedural order?

Subjects

  • restoration of writ
  • default dismissal
  • procedural compliance
  • civil writ jurisdiction
  • court fees

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No. 755 of 2026
                                                     In
                               Civil Writ Jurisdiction Case No.8518 of 2022
                 ======================================================
                 Ram Pukar Ray Son of Late Mantu Ray Resident of - Gauravgad, Near
                 College, Ward No.- 4, P.S. and District - Supaul, At present residing at -
                 Gauravgad, Near College, Ward No.- 4, P.S. and District - Supaul.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department Government of Bihar, Patna.
           2.    The Commissioner, Kosi Division, Saharsa.
           3.    The District Magistrate, Supaul.
           4.    The Additional Collector, Revenue, Supaul.
           5.    The Enquiry Officer - Cum - Additional Collector (Revenue), District -
                 Supaul.
           6.    The Presenting Officer - Cum - Treasury Officer, Birpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Ankita Roy, Advocate
                 For the Opposite Party/s :    Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   24-04-2026                      Learned counsel for the petitioner and learned

                   counsel for the State are present.

                                2. Learned counsel for the petitioner submits that the

                   present Miscellaneous Jurisdiction Case No.755 of 2026 has

                   been filed for restoration of Civil Writ Jurisdiction Case No.

                   8518 of 2022 to its original file which was dismissed for default

                   on 10.02.2026 due to non-compliance of the order dated

                   13.01.2026. Counsel submits that vide order dated 13.01.2026,

                   four weeks’ time was granted to remove the defect(s) as pointed
         Patna High Court MJC No. 755 of 2026(2) dt.24-04-2026
                                                      2/2




                   out by the Office, failing which the present petition shall be

                   dismissed without further reference to the Bench. Counsel

                   submits that it is an inadvertent mistake and in future, such

                   mistake shall not take place.

                                3. As such, two weeks’ further time is hereby granted

                   to counsel for the petitioners to comply with the order dated

                   13.01.2026 to remove the defect(s) as pointed out by the Office.

                                4. In this view of the matter and the grounds

                   mentioned in the application, the present Miscellaneous

                   Jurisdiction Case No.755 of 2026 is hereby allowed and let,

                   Civil Writ Jurisdiction Case No. 8518 of 2022 be restored to its

                   original file and number, subject to the payment of Rs. 500/-

                   (Rupees Five Hundred) by the counsel for the petitioner in the

                   account of Advocates’ Association.



                                                                 (Dr. Anshuman, J.)

Aman Kumar/-

U


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