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Patna High CourtMJC/845/2019allowed

Dr. Jyoti Kumari v. The State Of Bihar And ORS

2023-06-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.845 of 2019 In Civil Writ Jurisdiction Case No.3703 of 2013 ====================================================== Dr. Jyoti Kumari Daughter of Late Om Prakash Verma, C/o Suresh Prasad, Teachers Colony, Narain Nagar, Manpur, P.S.- Mufassil, District- Gaya at present Ayush Chikatshak, Additional Primary Health Centre, Pojhi Bujurg, P.S.- Madhaura, District- Saran (Chapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Health and Education, Government of Bihar, Patna 3.

The State Health Society through its Executive Director, Government of Bihar, Parivar Kalyan Bhawan Parivar Kalyan Bhawan, Sheikhpura, Patna 4.

The Executive Director, State Health Society, Government of Bihar, Parivar Kalyan Bhawan, Sheikhpura, Patna 5.

The Civil Surgeon-cum-Secretary, District Health Society, Saran 6.

The District Magistrate, Saran at Chapra 7.

The Chairman-cum-District Magistrate, District Health Society, Saran 8.

The In-Charge Medical Officer, Additional Primary Health Centre, Madhoura, Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakib Ayaz, Adv.

For the Opposite Party/s :

Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned counsel for the opposite parties/State.

The present petition has been filed for restoration of the writ petition bearing C.W.J.C. No. 3703 of 2013, which stood dismissed for want of prosecution vide order dated 27-06-2018.

Learned counsel for the petitioner submits that on

Patna High Court MJC No.845 of 2019(6) dt.21-06-2023 2/2 account of a communication gap, arising out of death of the earlier counsel who conducting the matter, lapse in appearance occurred on 27-06-2018, when the matter was taken up. Having regard to explanation furnished in the petition and the submissions made in support thereof, this Court would find sufficient grounds for allowing the restoration petition. The same is allowed.

Let C.W.J.C. No. 3703 of 2013 be restored to its original file.

(Madhuresh Prasad, J) shyambihari/- U T