Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1084 of 2024 In Civil Writ Jurisdiction Case No.13918 of 2023 ====================================================== 1.

Abhishek Kumar Son of Bamkey Prasad, Resident of Village- Kundwapar, P.S.- Ekangarsarai, District- Nalanda.

2.

Chandramani Kumar Son of late Sahdeo Prasad Resident of Village- Patel Nagar, P.O.- Biharsharif, P.S.- Laheri, District- Nalanda. 3.

Deepak Kumar Son of Arjun Prasad Singh Resident of Village- Patel Nagar, P.O.-Biharsharif, P.S.- Laheri, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Department of Health, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary Department of Health, Govt. of Bihar, Patna. 3.

The Director-in-Chief, Department of Health, Govt. of Bihar, Patna. 4.

The Regional Deputy Director, Health Services, Bihar, Patna. 5.

The Civil Surgeon-Cum-Chief Medical Officer, Nalanda, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mujtabaul Haque, GP-12 Mr.Deo Narayan Prasad, AC to GP-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.13918 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 his advocate clerk had fallen ill on the fateful day and he had also left the Court to look after him, resulting in him being not able to appear before the Hon'ble Court, when the aforesaid writ

Patna High Court MJC No.1084 of 2024(2) dt.10-04-2024 2/2 petition was called out for hearing, leading to dismissal of the aforesaid writ petition for non-prosecution, 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.13918 of 2023 to its original file.

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