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Patna High Court

BiharversusRavi Prakash Tiwari

Decided
Disposal
ALLOWED

Holding

The court restored LPA No.1065 of 2019 to its original file as the procedural defects have been remedied.

Summary

The State of Bihar, represented by senior officials, filed a petition seeking restoration of Letters Patent Appeal (LPA) No.1065 of 2019, which had been dismissed for non‑compliance with a peremptory order dated 09‑12‑2019. The petitioners argued that the COVID‑19 pandemic prevented timely rectification of the defects, but the defects have now been remedied. The court examined whether the pandemic constituted a valid reason to excuse the delay and considered the petitioners' request for restoration. Finding that the defects have been removed, the court allowed the restoration of the LPA to its original file. Consequently, the appeal is reinstated and the earlier dismissal is set aside.

Issues considered

  • Whether the dismissal of LPA No.1065 of 2019 for non‑compliance with the peremptory order can be set aside on the ground of pandemic‑induced delay
  • Whether the removal of the procedural defects justifies restoration of the appeal to its original file

Subjects

  • Letters Patent Appeal
  • Restoration
  • Peremptory order
  • COVID-19 pandemic
  • Procedural defect

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.836 of 2022
                                                       In
                                    Letters Patent Appeal No.1065 of 2019
                 ======================================================
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Chief Secretary, Government of Bihar, Patna.
           3.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           4.    The Deputy Collector (Establishment), Patna.

                                                                              ... ... Petitioner/s
                                                     Versus
                 Ravi Prakash Tiwari son of Ramji Tiwari Resident of Village- Makhdumpur,
                 Neura, P.S. Bihta, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Dr. Anand Kumar, Advocate
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA)

3   18-03-2026                     Heard the parties.

                                 2. Learned counsel for the petitioners submits that

                   the LPA No.1065 of 2019 has been dismissed for non-

                   compliance of the peremptory order dated 09.12.2019.

                   However, he further submits that due to Pandemic Covid-

                   19, the defects could not be removed within time. However,

                   the same has already been removed by the appellants.

                                 3. Considering the aforesaid, the restoration
           Patna High Court MJC No.836 of 2022(3) dt.18-03-2026
                                                       2/2




                     application is allowed and LPA No.1065 of 2019 is restored

                     to its original file.



                                              (Anil Kumar Sinha, J)


                                            ( Rajesh Kumar Verma, J)
Nitesh/-

U


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