Most. Rachna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No. 83 of 2020 In Civil Writ Jurisdiction Case No.4916 of 2020 ====================================================== Most. Rachna Devi Wife of Late Vijay Kumar Sinha Resident of Maa Sarswati Niwas, Shyam Sadan Banka Ghat Station, Kachi Dargah, Patna at present Resident of I.D.H. Quarter, Police Station- Alam Ganj, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Superintendent of Nalanda Medical College and Hospital, Patna. 3.

The Health Director, Bihar, Patna.

4.

Most. Asha Devi Wife of Late Vijay Kumar Sinha Resident of VillageDahuchak Nagla, P.S. Malaslami, Patna City, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Deepak Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner, State as well as opposite party No. 4 (petitioner in CWJC No. 4916 of 2020).

Since the order dated 25.06.2020 in CWJC No.4916 of 2020 was passed by this Court in the absence of the review petitioner, Most. Rachna Devi, who was a necessary party but not made party in the writ petition, the Court is constrained to review the order dated 25.06.2020 in view of the judgment of the Apex Court in the case of Shivdeo Singh & Ors. vs. State Of Punjab & Ors: AIR 1963 SC 1909.

Patna High Court C. REV. No. 83 of 2020(3) dt.03-02-2021 2/2 The order dated 25.06.2020 passed in CWJC No.4916 of 2020 is accordingly reviewed and recalled. The writ petition is directed to be listed under the heading "For Admission" before appropriate Bench for decision afresh. It goes without saying that the writ petitioner Most. Asha Devi is required to implead this petitioner Most Rachna Devi as party respondent in CWJC No. 4916 of 2020 so that the writ petition may be appropriately decided after hearing all necessary parties.

With the aforesaid, the present application for review stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U