Nitin Mukesh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.215 of 2014 In Civil Writ Jurisdiction Case No. 23050 of 2013 ====================================================== Nitin Mukesh, Son Of Late Mundrika Prasad Singh Resident Of Village- Rishi Paharpur, P.O. Paharpur Via Surajgarha, P.S.- Medni Chowki, DistrictLakhisarai .... .... Petitioner

Versus

1. The State Of Bihar Through The Commissioner Cum Chief Secretary Health Service, Patna

2. The Director In Chief, Health Service, Bihar, Patna

3. The Civil Surgeon Cum Chief Medical Officer, Darbhanga .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Respondents : Mr. Sandip Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-02-2015 The petitioner seeks review of last paragraph of order dated 29.5.2014 which reads as follows:- "Having regard to the facts and circumstances of the case, this writ petition is disposed of with the observation that it is for the petitioner to approach the authorities for redressal of his grievance. In case nothing positive comes out, the same cannot become a fresh cause of action because of the delay in approaching this court."

The petitioner submits that the aforesaid observation will put a cap on future remedy, in case he is aggrieved by the order passed by the authorities.

The order dated 29.5.2014 is modified to the extent that the observation made in concluding paragraph of order dated 29.5.2014 would not cause prejudice to the petitioner. Shashi.

(Samarendra Pratap Singh, J) U