Patna High Court

Satyadeo SinghversusThe State of Bihar through Principal Secretary, Urban Development and Housing Department

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The court restored the dismissed civil writ case, subject to removal of any defects within two weeks.

Summary

Petitioners Satyadeo Singh and his son Abhay Kumar filed an application seeking restoration of their civil writ case (CWJC No. 934 of 2026) which had been dismissed for failure to comply with an order dated 21.01.2026. The respondents, including the State of Bihar and various officials, opposed the restoration. The court examined whether the procedural lapse warranted dismissal or could be remedied. It held that the dismissal could be set aside provided the petitioners rectify any remaining defects. Consequently, the court allowed the application and restored the case to the original file, directing the petitioners to cure any defects within two weeks.

Issues considered

Whether a civil writ case dismissed for non‑compliance with a court order can be restored upon filing an application.

Subjects

restoration of suit
civil writ jurisdiction
non‑compliance
procedural defect
court order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.948 of 2026
                                          In
                    Civil Writ Jurisdiction Case No.934 of 2026
     ======================================================
1.    Satyadeo Singh Son of Late Ambika Singh, Resident of Village-Gavtal,
      Gandhi Nagar, P.S.-Danapur, District-Patna.
2.   Abhay Kumar, Son of Satyadeo Singh, Resident of Village-Gavtal, Gandhi
     Nagar, P.S.-Danapur, District-Patna.

                                                                   ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Principal Secretary, Urban Development and
     Housing Department Government of Bihar, Patna.
2.   The District Magistrate cum Collector, Patna.
3.   The S.S.P., District-Patna.
4.   The Sub Divisional Officer, Danapur, District-Patna.
5.   The Sub Divisional Police Officer, Danapur, District-Patna.
6.   The Block Development Officer, Block-Danapur, District-Patna.
7.   The Officer Incharge, P.S. Danapur, District-Patna.
8.   Real Estate Regulatory Authority, Patna, through its authorised Officer,
     Bihar State Building Construction Corporation Campus Hospital Road,
     Shastri Nagar, Patna-800023.
9.   Authorized Officer, Real Estate Regulatory Authority, Patna.
10. Anup Kumar @ Anup Singh, Son of Late Brij Mohan Singh, Resident of
    Mohalla-Gandhi Nagar, P.O.-Digha, P.S.-Danapur, District-Patna.
11. M/s Raj Construction having its registered office at Sri Tower, 4th Floor near
    Nehru Path, P.S. Shastri Nagar, District-Patna, through its proprietor Shri
    Ravinder Singh, S/o Late Brija Singh, R/o Mohalla-Sheikhpura, P.S.-
    Shastrinagar, District-Patna.
12. Shatyendra Kumar Singh, Son of Ramashish Singh, Resident of CDA
    Colony, North Shastrinagar, P.S.-Shastrinagar, District-Patna.
13. Kavita Singh, daughter of Aryanand Singh, Resident of Shekhpura, P.S.-
    Shastrinagar, District-Patna.
14. Divakar Kumar, Son of Aryanand Singh, Resident of Chainpura, Sampatchk,
    P.S.-Gopalpur, District-Patna.
15. Pushkar Sinha, Son of Aryanand Singh, Resident of Chainpura, Sampatchk,
    P.S.-Gopalpur, District-Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr. Nitish Kumar
     For the Opposite Party/s :    Mr. Standing Counsel 22
     ======================================================
            Patna High Court MJC No.948 of 2026(2) dt.10-04-2026
                                                        2/2




                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                      ORAL ORDER

2    10-04-2026           1. Heard learned counsel for the parties concerned.

                          2. The present application has been filed for restoration of

                               CWJC No. 934 of 2026, which got dismissed due to non-

                               compliance of the order, dated 21.01.2026.

                          3.   For the reasons stated in this application, the same is

                               allowed and the connected case, bearing CWJC No. 934

                               of 2026, is restored to its original file, subject to removal

                               of defects, if any, within a period of two weeks.



                                               (Anil Kumar Sinha, J)
ashwani/-

U

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