Rajendra Sah And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7551 of 2016 ======================================================
1. Rajendra Sah son of Late Narayan Sah, resident of Village & P.O.- Ranjitpur West, P.S.- Sitamarhi, District- Sitamarhi.
2. Ram Singhashan Das, Son of Sri Baidya Nath Das, resident of Village & P.O.- Majhaulia State, P.S.- Bathnaha, District- Sitamarhi.
3. Ram Kishore Singh, Son of Late Jagdish Singh, resident of Village & P.O.- Latipur, P.S.- Bathnaha, District- Sitamarhi.
4. Sunil Kumar, Son of Sri Yogendra Mahto, Resident of VillagePhulparasi, P.O.- Simrahiya, P.S.- Sahiara, District- Sitamarhi.
5. Chandrama Devi, Wife of Late Radha Kant Jha, resident of VillageKodarkat, P.S.- Sahiara, District- Sitamarhi.
6. Rajendra Prasad Choudhary, Son of Late Anant Choudhary, resident of Village- Kuari Madan, P.S.- Majorganj, District- Sitamarhi.
7. Krishna Nandan Singh, Son of Late Ram Chandra Singh, resident of Village- Kuari Madan, P.S.- Majorganj, District- Sitamarhi.
8. Ramashray Rai, Son of Late Acche Lal Rai, resident of Village & P.O.- Sonbarsa, P.S.- Sonbarsa, District- Sitamarhi.
9. Yadulal Sah, Son of Late Ram Nandan Sah, resident of Village- Riga, P.s.- Riga, District- Sitamarhi.
10. Bishwambhar Prasad, Son of Late Keshav Prasad, resident of VillageMehsiyan, P.S.- Riga, District- Sitamarhi.
11. Bibha Devi Wife of Late Nagendra Jha, resident of Village- Rain Bishuni, P.S.- Runni Saidpur, District- Sitamarhi. .... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Medical Education and Family Welfare, New Secretariat, Vikas Bhawan, Bailey Road, Patna.
2. The Principal Secretary, Department of Health, Medical Education & Family Welfare, New Secretariat, Vikas Bhawan, Bailey Road, Patna.
3. The Civil Surgeon-cum-Chief Medical Officer, Sitamarhi
4. The Additional Chief Medical Officer, Sitamarhi.
5. The In-charge Medical Officer, Primary Health Centre, Bathnaha,
Patna High Court CWJC No.7551 of 2016 (2) dt.02-05-2017 2/3 Sitamarhi.
6. The In-charge Medical Officer, Primary Health Centre, Majorganj, Sitamarhi.
7. The In-charge Medical Officer, Primary Health Centre, Sonbarsa, Sitamarhi.
8. The In-charge Medical Officer, Primary Health Centre, Riga, Sitamarhi.
9. The In-charge Medical Officer, Primary Health Centre, Runni Saidpur, Sitamarhi.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Dhruba Mukherjee, Sr. Advocate Md. Nazir Ansari, Advocate For the Respondent/s : Mr. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-05-2017 It is admitted by the learned counsel for the petitioners that nine out of eleven petitioners had approached this Court earlier by filing CWJC No. 15543 of 2005 for the same reliefs prayed in the present writ application. He also admitted that the aforesaid writ application was dismissed on 06.07.2012 and no appeal was preferred against the order passed by the learned Single Judge. He further admitted that even the restoration application vide MJC No. 5950 of 2012 got dismissed vide order dated 30.10.2013 passed by this Court. 2.
A perusal of the aforestated order dated 06.07.2012 would make it evident that the same has been dismissed not only for want of prosecution but also on merits.
Patna High Court CWJC No.7551 of 2016 (2) dt.02-05-2017 3/3 3.
Regard being had to the fact that the petitioners have not approached this Court with clean hands and have deliberately tried to obtain orders in their favour by misleading the Court and suppressing material facts, I am not inclined to entertain this writ petition on merits. 4.
Accordingly, the writ application is dismissed.
(Ashwani Kumar Singh, J.) Kanchan/- U