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Patna High CourtMJC/358/2025disposed

Arun Kumar v. The State Of Bihar Through The Principal Secretary

2025-04-25Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.358 of 2025 In Civil Writ Jurisdiction Case No.18724 of 2015 ====================================================== 1.

Arun Kumar Son of Late Bhiskut Raut, R/o Village-Parasi, P.OBhaganbigha, Dist- Nalanda. 2.

Abhay Kumar Sinha Son of Brahmdeo Singh, R/o Village Dhodhra, P.O. - Kurtha, District - Arwal.

3.

Anil Kumar Son of Ram Narayan Pd. R/o Village Gagati, P.O. Bara, District- Nalanda.

4.

Arvind Kumar Singh Son of Uday Pratap Singh, R/o Village Basudeopur Boha, P.O. Ratwara, District- Sitamarhi.

5.

Bijay Kumar Pandey Son of Sri Narayan Pandey, R/o Ayodhya Prasad Lane, Beej Mazdoor Road, Motijhil, District Muzaffarpur. 6.

Upendra Kumar Singh Son of Ishwari Dayal, R/o Village - Jhour, P.O. - Kochgavan, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary Department Government Health, Govt. of Bihar, Patna.

2.

Director in Chief, Health Services, Government of Bihar, Patna. 3.

Additional Commissioner cum special Secretary, Health Services, Government of Bihar, Patna.

4.

Regional Deputy Director, Health Services, Government of Bihar, Patna. 5.

Civil Surgeon-cum-Chief Medical Officer, Munger, Patna. 6.

Civil Surgeon-cum-Chief Medical Officer, Begusarai. 7.

Civil Surgeon-cum-Chief Medical Officer, Patna. 8.

Civil Surgeon-cum-Chief Medical Officer, Bhagalpur. 9.

Civil Surgeon-cum-Chief Medical Officer, Muzffarpur. 10.

Civil Surgeon-cum-Chief Medical Officer, Aurangabad. 11.

Civil Surgeon-cum-Chief Medical Officer, Bhojpur. 12.

Civil Surgeon-cum-Chief Medical Officer, Nalanda. 13.

Civil Surgeon-cum-Chief Medical Officer, Vaishali. 14.

Civil Surgeon-cum-Chief Medical Officer, Darbhanga. 15.

Civil Surgeon-cum-Chief Medical Officer, Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Babu Singh, Advocate For the Opposite Party/s :

Government Advocate- 8

Patna High Court MJC No.358 of 2025(3) dt.25-04-2025 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2025 The learned counsel for the petitioners submits that in compliance of the earlier order of this Court dated 26.03.2025, fresh Vakalatnama has been filed by the present Advocate on Record before the Registry of this Court in the connected writ petition i.e. CWJC No. 18724 of 2015, after taking 'no objection' from the earlier counsel, appearing in the said writ petition.

2.

The present restoration petition has been filed by the original writ petitioners no. 6 to 10 and 14 for restoration of a writ petition bearing CWJC No. 18724 of 2015, which has stood dismissed for non-prosecution by an order dated 27.09.2023. It is submitted by the present counsel appearing in the present case that the earlier counsel engaged by the aforesaid petitioners in the writ petition, for reasons best known to him, did not appear before this Court when the case was called out for hearing resulting in dismissal of the aforesaid writ petition, hence a sympathetic view be taken and the aforesaid writ petition be restored qua the petitioners herein. 3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the averments

Patna High Court MJC No.358 of 2025(3) dt.25-04-2025 3/3 made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 18724 of 2015 to its original file qua the petitioners herein (i.e. original writ petitioners no. 6 to 10 and 14 of CWJC No. 18724 of 2015).

4.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U