Rajendra Singh Vs The State of Bihar through the Principal Secretary, Department of Education — Patna HC (2025) — LawSathi Research

Rajendra Singh Vs The State of Bihar through the Principal Secretary, Department of Education — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration application allowed; two weeks' further time granted to comply with the orders dated 06.10.2023 and 04.10.2024, with a clear stipulation that no further such application will be entertained if compliance is not effected within the specified time.

Issue for consideration

Whether the present restoration application (M.J.C. No. 670 of 2025) seeking restoration of M.J.C. No. 1519 of 2024, and consequent revival of the dismissed contempt petition M.J.C. No. 3731 of 2019, should be allowed where non-compliance with the peremptory order is attributed to inadvertence of the office clerk and fault of counsel's office.

Ratio / Principle

In view of the submission that non-compliance with the peremptory order dated 04.10.2024 resulted from inadvertence of the office clerk and fault of counsel's office, the present restoration application stands allowed.

Key takeaways

Two weeks' further time is allowed to ensure compliance of this Court's orders dated 06.10.2023 and 04.10.2024.ratio¶24
It is made clear that no such (restoration) application would be entertained in future if the order is not complied with within the time specified.ratio¶24

Detailed headnote1 paragraphs

Restoration allowed — Patna High Court (Harish Kumar, J.), order dated 08-08-2025 in M.J.C. No. 670 of 2025 arising from M.J.C. No. 1519 of 2024: the parent application, allowed on 04.10.2024 subject to a peremptory three-week direction to cure stamp-reporter defects, lapsed for non-compliance; the earlier restoration application stood dismissed and contempt petition M.J.C. No. 3731 of 2019 thereby again stood dismissed. Attributing the default to inadvertence of the office clerk and fault of counsel's office, the Court allowed the fresh restoration application and granted two weeks' further time to comply with its orders dated 06.10.2023 and 04.10.2024, clarifying that no such application would be entertained in future if compliance was not effected within the time specified.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.670 of 2025 In

Miscellaneous Jurisdiction Case No.1519 of 2024

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Rajendra Singh, S/o- Late Ramagya Singh, Resident of Jawahar Lal Nehru College, Ghorasahan, P.S.- Ghorasahan, District- East Champaran (Motihari) at present residing at Ward No.10, Bhaluahiya, Adapur, East Champaran.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

The Vice-Chancellor, Bhim Rao Ambedkar University, Muzaffarpur, Bihar namely Mr. Rajesh Singh.

The Registrar, Bhim Rao Ambedkar University, Muzaffarpur, Bihar, namely Mr. Ajay Kumar Rai.

The Joint-Secretary, Department of Education, Government of Bihar, Patna namely

The Principal, Jawahar Lal Nehru Memorial College, Ghorasahan, Muzaffarpur, Bihar, namely Mr. Nagendra Prasad Das.

The Accountant General, Bihar.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Manish Kumar, Adv For the Opposite Party/s : Mr. Additional Advocate General 13 ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 08-08-2025 Heard the parties.

The application is filed for restoration of the application bearing M.J.C. No. 1519 of 2024, which was allowed on 04.10.2024 with a peremptory order to remove the defects within three weeks as pointed out by the stamp reporter, but the same could not be complied within the time and hence the earlier restoration application also stood dismissed for noncompliance of the order of this Court dated 04.10.2024 and

Patna High Court MJC No.670 of 2025(3) dt.08-08-2025 2/2

accordingly, the contempt petition bearing M.J.C. No. 3731 of 2019 again stood dismissed.

Learned Advocate for the petitioner contended that on account of inadvertence on the part of the office clerk as also by the fault of his office, the peremptory order would not be complied.

In view of the submission advanced, the present application stands allowed.

Two weeks’ further time is allowed to ensure the compliance of the order dated 06.10.2023 as also the order dated 04.10.2024. It is made clear that no such application would be entertained in future, if the order shall not be complied within the time specified.

(Harish Kumar, J)

supratim/-

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