Patna High Court
Ajit Kumar SinghversusThe State of Bihar through the Additional Chief Secretary Revenue and Land Reforms
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court restored the dismissed MJC No. 3966 of 2025 to its original status, allowing the petition and setting aside the dismissal for non‑prosecution.
Summary
The petitioners Ajit Kumar Singh, Vijay Kumar Singh and Urmila Singh filed a petition seeking restoration of Miscellaneous Jurisdiction Case (MJC) No. 3966 of 2025, which had been dismissed for non‑prosecution on 09‑03‑2026 and subsequently confirmed for non‑compliance of an earlier order dated 06‑02‑2026. The petition also raised MJC No. 886 of 2026, which the court considered in light of statements made in paragraphs 6 to 8 of the petition. The High Court examined whether the dismissal for non‑prosecution could be set aside and the original proceedings reinstated. Finding merit in the petitioners' contentions, the court allowed MJC No. 886 of 2026 and restored MJC No. 3966 of 2025 to its original status. Consequently, the earlier dismissal and confirmation orders were vacated, permitting the parties to proceed with the substantive matters of the case.
Issues considered
- What is the appropriate remedy when a Miscellaneous Jurisdiction Case is dismissed for non‑prosecution and later confirmed for non‑compliance of an earlier order?
- Whether the High Court can restore a dismissed MJC to its original status upon a petition for restoration.
Subjects
- restoration of suit
- non‑prosecution
- miscellaneous jurisdiction
- civil procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.886 of 2026
In
Miscellaneous Jurisdiction Case No.3966 of 2025
======================================================
1. Ajit Kumar Singh S/o Bageshwar Prasad Singh, Resident of Village-
Salempur, PO. Dadwa, P.S. and Anchal Goh, Sub Division- Daud Nagar,
District-Aurangabad (Bihar).
2. Vijay Kumar Singh, S/o Bageshwar Prasad Singh, Resident of Village-
Salempur, P.O.- Dadwa, P.S. and Anchal Goh, Sub Division- Daud Nagar,
District-Aurangabad (Bihar).
3. Urmila Singh, W/o Anil Kumar Singh, Resident of Village-Salempur, P.O.-
Dadwa, P.S. and Anchal Goh, Sub Division- Daud Nagar, District-
Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Revenue and
Land Reforms Government of Bihar, Patna.
2. The District Magistrate cum Collector, Collectorate, District-Aurangabad,
Bihar.
3. The Additional Collector cum Additional District Magistrate, Collectorate,
District- Aurangabad, Bihar.
4. The Land Reforms Deputy Collector, Daudnagar, District-Aurangabad,
Bihar.
5. The Circle Officer, Goh Circle, Sub-Division, Daud Nagar, District-
Aurangabad, Bihar.
6. The Circle Officer, posted in year 2006-07 at Goh Circle, Sub-Division,
Daud Nagar, District-Aurangabad, Bihar.
7. Bipul Kumar Mishra, Sio Late Ramji Mishra, Resident of Village, P.O. and
P.S.- Goh, Anchal- Goh, District- Aurangabad, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Standing Counsel- 10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-04-2026 Heard the parties.
2. The present petition has been preferred for
restoration of MJC No. 3966 of 2025 (file for restoration of
Patna High Court MJC No.886 of 2026(3) dt.17-04-2026
2/2
CWJC No. 11589 of 2025) which was dismissed for non-
prosecution on 09.03.2026 and the same was confirmed and
consigned by order dated 18.03.2026 for non-compliance of the
order dated 06.02.2026.
3. In view of the statement made in paragraphs 6 to 8,
the MJC No. 886 of 2026 is allowed.
4. The MJC No. 3966 of 2025 is restored to its
original.
(Rajiv Roy, J)
Ravi/-
U
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