Patna High Court
Gajendra Singh @ Gajendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The court held that the writ petition should be restored to its original file.
Summary
Petitioner Gajendra Singh filed an application seeking restoration of Civil Writ Jurisdiction Case No. 2064 of 2022, which had been dismissed for default by a coordinate bench on 23.03.2022. The petitioner argued that the reasons stated in the restoration application warranted setting aside the dismissal. The High Court examined the application and, finding merit in the petitioner's contentions, allowed the restoration. Consequently, the writ petition was reinstated to its original file. No substantive merits of the underlying dispute were addressed; the order dealt solely with procedural restoration.
Issues considered
- Whether the dismissal of CWJC No. 2064 of 2022 for default can be set aside and the petition restored?
Subjects
- Civil Writ Jurisdiction
- Restoration of dismissed petition
- Default dismissal
- Procedural law
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.858 of 2022
In
Civil Writ Jurisdiction Case No.2064 of 2022
======================================================
Gajendra Singh @ Gajendra Kumar Singh son of Madhusudan Singh,
Resident of Village and P.O. Ramgarha, Police Station and Block-Daraunda,
District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. The District Magistrate, Siwan.
4. The District Supply Officer, Siwan.
5. The District Cooperative Officer, Siwan.
6. The District Manager, Bihar State Food Corporation Limited, Siwan.
7. The Sub-Divisional Officer, Maharajganj, District-Siwan.
8. The Block Supply Officer, Daraunda, District-Siwan.
9. The Block Cooperative Officer, Daraunda, District-Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Manoj Kumar Ambastha, SC-26
Mr. Santosh Kumar Mishra, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
7 06-04-2026 The present application has been preferred for
restoration of CWJC No. 2064 of 2022 which was dismissed for
default vide order dated 23.03.2022 passed by a co-ordinate
Bench of this Court.
2. For the reasons stated in the restoration application,
the same is allowed.
Patna High Court MJC No.858 of 2022(7) dt.06-04-2026
2/2
3. CWJC No. 2064 of 2022 is restored to its original
file.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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