The State Of Bihar And ORS v. Ram Dutt Paswan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.252 of 2016 ===========================================================

1. The State of Bihar

2. The Commissioner-cum-Secretary, Department of Health, Government of Bihar, Patna.

3. The Director-in-Chief, Health Services, Government of Bihar, Patna.

4. The Collector, Darbhanga, At P.O. & District- Darbhanga.

5. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga at P.O. & DistrictDarbhanga.

6. The District Malaria Officer, Darbhanga, At P.O & District- Darbhanga. .... .... Petitioner/s

Versus

1. Ram Dutta Paswan , S/o Late Saryug Paswan, Resident of Village and PostPutai, P.S.- Manigachhi, District- Darbhanga.

2. Arun Kumar Singh, son of late Gangai Singh, resident of village and Post-Putai, P.S- Manigachhi, District- Darbhanga.

3. Surya Narayan Mahato, Son of Late Bhagwat Mahato, Resident of village and Post- Baghaut, .S- Manigachhi, District- Darbhanga.

4. Bhagwan Paswan, Son of Sri Vishwanath Paswan, Resident of village and PostPutai, .S- Manigachhi, Dsitrict- Darbhanga.

5. Madan Kumar Sahu, Son of Sri Ram Narain Sahu, Resident of villageHariyath, Post- Bahera, District- Dabhanga.

6. Brahmanand Jha, Son of Shri Sharda Nand Jha, resident of village-Mogalaha, Post-Misroulia, P.S.- Babu Barhi, District- Madhubani.

7. Bhopgendra Jha, Son of Buchai Jha, Resident of village and Post-Bagaha, P.S.- Manigachhi, District-Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Pandey, GP-21 Mr. Manish Kumar, AC to GP 21 For the Respondent/s : Mr. Durgesh Nand Jha, Advocate. Mr. Viveka Nand Kumar, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 18-07-2016 This application is for review of order dated 7th April, 2016 passed in L.P.A. No. 100 of 2015.

By the aforesaid order, this Court has dismissed the L.P.A.

Patna High Court C. REV. No.252 of 2016 dt.18-07-2016 2/2 No. 100 of 2015 for the reasons recorded in CWJC No. 13634 of 2005, though the said order was set aside in L.P.A. No. 1059 of 2015. Learned counsel for the appellants has pointed out that though the L.P.A.No. 1059 of 2013 was allowed but it is recorded in the order that said appeal was dismissed. The present appeal was dismissed for the reasons recorded in CWJC No. 13634 of 2005 when the order of that writ petition was set aside in L.P.A.No. 1059 of 2015. Thus, there are factual errors in the order passed by the Court. Since there is factual error in the order dated 7th April, 2016, we deem it appropriate to allow the present review application and recall the order dated 7th April, 2016 to restore the L.P.A. No 100 of 2015 to its original file and number.

Let the L.P.A.No. 100 of 2015 be posted for hearing on 26.07.2016.

Civil Review is, accordingly, disposed of.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 22.07.2016 Transmission Date