Avinash Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.222 of 2023 In Civil Writ Jurisdiction Case No.16085 of 2014 ====================================================== Avinash Kumar Mishra Son of Late Radhey Shyam Mishra Resident of Village- Bedoliya, P.O. Bhagwanpur Deshna, P.S. Ujiyarpur Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Principal Secretary, Department of Health, Medical Education and Family Welfare,Government of Bihar, Patna- 1 3.

The Director, Indigenous Medicine, Department of Health, Government of Bihar, Patna 4.

District Magistrate-cum-Chairman District Compassionate Appointment Committee, Samastipur Disttrict-Samastipur.

5.

The Deputy Collector, Establishment Samastipur Collectoriate, DistSamastipur. 6.

Dist- Indigenous Medical Officer, Samastipur, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Debesh Kumar Poddar For the Opposite Party/s :

Mr.Ajay Behari Sinha (Ga 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The defects, as pointed out by the registry, are ignored.

The present petition has been filed for restoration of a writ petition bearing CWJC No. 16085 of 2014, which has stood dismissed for want of prosecution, by an order dated 5.12.2022. The learned counsel for the petitioner has submitted that since the counsel for the petitioner was ill, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for want of prosecution.

Patna High Court MJC No.222 of 2023(2) dt.10-05-2023 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing CWJC No. 16085 of 2014 to its original file.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U