Patna High Court

Naushad Ali @ BengaliversusThe Chief Executive Officer, Bihar State Sunni Waqf Board

Decided: 1 May 2026
Disposal: ALLOWED
Bench: RAJIV ROY

Holding

The Court restored Miscellaneous Appeal No. 1052 of 2025, subject to payment of Rs. 500 to the Legal Services Committee.

Summary

The petitioner, Naushad Ali, filed a petition seeking restoration of Miscellaneous Appeal No. 1052 of 2025, which had been dismissed on 24 February 2026 for non‑prosecution. The High Court considered whether the appeal could be reinstated despite the earlier dismissal. The Court held that restoration was permissible provided the petitioner paid a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the appeal was restored to its original file. The order was pronounced by Justice Rajiv Roy.

Issues considered

What is the appropriate remedy when a miscellaneous appeal is dismissed for non‑prosecution?
Is payment of a nominal fee a condition for restoring a dismissed appeal?

Subjects

restoration of appeal
non‑prosecution
high court procedure
legal services fee

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.988 of 2026
                                                      In
                                   Miscellaneous Appeal No.1052 of 2025
                  ======================================================
                  Naushad Ali @ Bengali son Late Sadruddin Ahmad, Resident of High Court
                  Mazarsharif, MLA Flat, Bailey Road, P.S- Kotwali, District- Patna 800001.
                                                                              ... ... Petitioner/s
                                                    Versus
            1.     The Chief Executive Officer, Bihar State Sunni Waqf Board Haj Bhawan,
                   Harding Road, Patna.
            2.    Mahmood Alam, Son of late Md.Gulam Hussain, Resident of High Court
                  Mazar Sharif, MLA Flat, Bailey Road, P.S- Kotwali, Patna.
            3.    The Circle Officer, Patna Sadar, District- Patna.
            4.     Management Committee of Dargah Hazrat Shah Jalal Shaheed (RA) Waqf
                   Estate No-63, situated near Patna High Court.
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Wasi Akhtar, Advocate
                  For the Opposite Party/s :     Mr.Government Pleader- 27
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    01-05-2026                  Heard the parties.

                                 2. The present petition has been preferred for restoration

                    of M.A. No. 1052 of 2025 which was dismissed for non-

                    prosecution on 24.02.2026.

                                 3. For the reasons assigned in paragraphs 04 to 06, the

                    MJC No. 988 of 2026, the MJC No. 988 of 2026 is allowed

                    subject to payment of Rs.500/- to the Patna High Court Legal

                    Services Committee.

                                 4. The M.A. No. 1052 of 2025 is restored to its original

                    file.

                                                      (Rajiv Roy, J)
Ravi/-
U

Continue reading with your account

Checking your session…