Dr Nishant Kumar v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1428 of 2024 In Civil Writ Jurisdiction Case No.21304 of 2021 ====================================================== Dr Nishant Kumar Son of Bindeshwar Singh R/o Village- Barwa Kala, P.O Jhanjhara, P.S. Ghorasahan, East Champaran, Bihar- 845303 ... ... Petitioner/s

Versus

1.

State of Bihar through Principal Secretary, Health Department, Government of Bihar 2.

The Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

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

For the Petitioner/s :

Mr.Dayanand Singh, Advocate For the Opposite Party/s :

Mr.Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2025

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.21304 of 2021, which has stood dismissed for non-prosecution vide order dated 03.04.2024.

2. The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel

Patna High Court MJC No.1428 of 2024(3) dt.31-01-2025 2/2 for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No.21304 of 2021 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U