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Patna High CourtMJC/1062/2024allowed

Amresh Kumar Lal v. The State Of Bihar

2024-04-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1062 of 2024 In Civil Writ Jurisdiction Case No.14500 of 2023 ====================================================== Amresh Kumar Lal Son of Late Kapil Deo Lal, Resident of Zafara, P.O.- Soneki, P.S.- Sadar, District- Darbhanga, Presently posted as Clerk at Additional Primary Health Center at Kusheshwar Asthan, Block- Tardih, P.S-, District- Darbhanga.

... ... Petitioner/s

Versus

1.

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

2.

The Civil Surgeon-cum-Chief Medical Officer, Darbhanga. 3.

Jai Narain Das, In- charge Head-Clerk posted at Office of Civil Surgeon, Darbhanga.

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr.Standing Counsel 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2024

1. The present petition has been filed for restoration of a writ petition bearing CWJC No.14500 of 2023, which has stood dismissed on account of non-prosecution, by an order dated 26.02.2024.

2. The learned counsel for the petitioner submits that the wife of the advocate on record of the aforesaid case is suffering from acute illness, hence the advocate on record of the said case had to suddenly leave the Court to attend to her, resulting in him not being able to attend the present case when the same was called out for hearing, resulting in dismissal of the same for non-prosecution,

Patna High Court MJC No.1062 of 2024(2) dt.10-04-2024 2/2 thus, a sympathetic view be taken and the aforesaid writ petition petition be restored to its original file.

3. Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.14500 of 2023 to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) Saurav/- U