Patna High Court
Rajendra Agricultural University ,versusSanjeev Kumar,
- Decided
- Disposal
- ALLOWED
Holding
The Court restored Letters Patent Appeal No. 1423 of 2018 to its original file.
Summary
The petitioners, representing Rajendra Agricultural University (now Dr. Rajendra Prasad Central Agricultural University), filed an application on 17-03-2026 seeking restoration of Letters Patent Appeal No. 1423 of 2018, which had been dismissed for default due to non‑compliance with an order dated 11-02-2020. The High Court examined whether the appeal could be reinstated despite the earlier dismissal. Relying on the reasons set out in the restoration application, the Court allowed the petition. Consequently, the appeal was restored to its original file and the petitioners were directed to comply with the 11-02-2020 order within three weeks. The decision underscores the Court's discretion to revive a dismissed appeal when sufficient justification is shown.
Issues considered
- Whether a Letters Patent Appeal dismissed for default can be restored on the basis of a restoration application.
Subjects
- restoration of appeal
- default dismissal
- letters patent appeal
- procedural law
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.834 of 2023
In
Letters Patent Appeal No.1423 of 2018
======================================================
1. Rajendra Agricultural University , (Now Converted as Dr. Rajendra Prasad
Central Agricultural University), Pusa, Samastipur through its Registrar
having officer at Pus, Samastipur
2. The Vice Chancellor, Rajendra Agricultural University (Converted as Dr.
Rajendra Prasad Central Agricultural University) Bihar Pusa Samastipur.
3. The Director Administration, Rajendra Agricultural University (Converted
as Dr. Rajendra Prasad Central Agricultural University) Bihar, Pusa,
Samastipur.
4. The Officer In charge, Comprehensive Cost of Cultivation Scheme Rajendra
Agricultural University (Converted as Dr. Rajendra Prasad Central
Agricultural University) Bihar Pusa Samastipur.
... ... Petitioner/s
Versus
1. Sanjeev Kumar, Son of Late Sambhoo Nath Verma Resident of Village-
Pankha Toli, P.S. Kazi Mohamadpur, P.S. Sadar Muzaffarpur, District-
Muzaffarpur.
2. Anil Kumar Jha, Son of Sri Babu Sahab Jha, Resident of Village- Kamal
Niwas, Magardhahi, Ward No. 15, P.S. Sadar Samastipur, District-
Samastipur.
3. The Union of India through Directorate of Economics and Statistics,
Ministry of Agriculture, Government of India, Krishi Bhawan, New Delhi.
4. The State of Bihar through the Secretary, Department of Agriculture,
Government of Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Upadhyaya, Adv.
For the Opposite Party/s : Dr. K.N. Singh, ASG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 17-03-2026 The instant application has been filed for restoration
of LPA No. 1423 of 2018 which stood dismissed for default on
account of non-compliance of the order dated 11.02.2020 passed
Patna High Court MJC No.834 of 2023(4) dt.17-03-2026
2/2
in LPA No. 1423 of 2018.
2. For the reasons stated in the restoration application,
the same is allowed.
3. LPA No. 1423 of 2018 is restored to its original
file.
4. Petitioners are directed to comply with the order
dated 11.02.2020 passed in LPA No. 1423 of 2018 within a
period of three weeks from today.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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