Bibhuti Kumar Sarraff v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.851 of 2019 In Civil Writ Jurisdiction Case No.11795 of 2014 ====================================================== Bibhuti Kumar Sarraff S/o Late Sita Ram Sarraff, resident of Mohalla - New Area, Dehri - on - Sone, P.S. Dehri, Distt. - Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Executive Director, State Health Society Pariwar Kalian Bhawan, Sheikhpura, Patna- 800014.

3.

The District Development Commisisoner, Gaya.

4.

The District Magistrate, cum President, District Health Society, Gaya. 5.

The Civil Surgeon cum Member Secretary, Distirct Health Society, Gaya. 6.

The District Programme Manager, District Health Society, Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Manoj Kumar Yadav, A.C. to G.P.10.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 05-12-2025 No one appears for the petitioner. Learned counsel for the State is present.

2. This application has been filed for restoration of C.W.J.C. No.11795 of 2014, which was dismissed for nonprosecution on 11.02.2019.

3. From the perusal of the ordersheet of C.W.J.C. No.11795 of 2014, it appears that for the first time, the case was taken up on 11.02.2019 and for non-appearance of the petitioner, the case was dismissed for want of prosecution. This Court is of

Patna High Court MJC No.851 of 2019(5) dt.05-12-2025 2/2 the view that on the very first date, this writ application ought not to have been dismissed for want of prosecution and one more opportunity should have been granted to the petitioner to press the writ application.

4. For the reasons as stated above, this application is allowed and the C.W.J.C. No.11795 of 2014 is restored to its original file.

(Alok Kumar Sinha, J) sanjeev/- U