Kanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1754 of 2019 In Civil Writ Jurisdiction Case No.8315 of 2009 ====================================================== Kanti Kumari D/o Late Ram Charitar Sharma R/o Mohalla-Dighi Talab, P.S.- Civil Lines, in the district of Gaya ... ... Petitioner/s

Versus

1.

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

The Commissioner Magadh Division, Gaya 3.

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

The Departmental Inquiry Committee through its Chairman namely Manoranjan Chaturvedi, Department of Health, Government of Bihar, Patna 5.

The Regional Deputy Director Magadh Division, Gaya 6.

The Civil Surgeon-cum-Chief Medical Officer Jehanabad 7.

The Civil Surgeon-cum-Chief Medical Officer Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rajeshwar Singh (Ga10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-02-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No.8315 of 2009, which has stood dismissed on account of non-prosecution by an order dated 27.07.2018.

2.

The learned counsel for the petitioner has submitted that since the earlier counsel for the petitioner had died during the interregnum period and one another counsel engaged by the petitioner could not appear before this Court, when the writ petition was called out for hearing, the aforesaid

Patna High Court MJC No.1754 of 2019(2) dt.23-02-2024 2/2 writ petition had stood dismissed for want of prosecution, nonetheless now the petitioner shall diligently prosecute the aforesaid writ petition, hence a sympathetic view be taken and the 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 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.8315 of 2009 to its original file. 4.

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