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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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