Parmeshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.590 of 2023 In Civil Writ Jurisdiction Case No.17401 of 2014 ====================================================== 1.

Parmeshwar Mandal Son of Sri Saini Mandal Resident of Village Madhepur, Police Station Madhepur, District Madhubani.

2.

Balmiki Prasad, Son of Late Bishundeo Prasad Resident of Village Maranchi, Police Station Maranchi, District Patna. 3.

Pawan Kumar Jha, Son of Sri Bhola Nath Jha Resident of Village Madhepur, Police Station Madhepur, District Madhubani.

4.

Krit Narayan Thakur, Son of Late Kamla Kant Thakur Resident of Village Mahrail, P.S. Andhrathharhi, District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Health Department, Bihar, Patna. 3.

The Director-in-Chief, Health Services, Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical Officer, Madhubani. 5.

The In-charge Medical Officer, Primary Health Centre, Madhepur, District Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha, Advocate For the Opposite Party/s :

Mr.Ajay Behari Sinha (GA- 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 17401 of 2014, which has stood dismissed for want of prosecution vide order dated 05.12.2022.

2.

The learned counsel for the petitioners has submitted that the aforesaid case could not be marked in the daily cause list on 05.12.2022, resulting in the counsel being

Patna High Court MJC No.590 of 2023(3) dt.11-04-2025 2/2 unable to attend the case when the case was called out for hearing, leading to dismissal of the aforesaid petition for nonprosecution, hence, a sympathetic view be taken and the aforesaid petition be restored to its original file. 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 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. 17401 of 2014 to its original file. 4.

The present petition stands allowed.

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