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Patna High CourtMJC/2919/2025allowed

Md. Arshad Azam v. The State Of Bihar And Others Through The Principal Secretary Department Of Health

2025-11-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2919 of 2025 In Civil Writ Jurisdiction Case No.12906 of 2021 ====================================================== 1.

Md. Arshad Azam Son of Md. Farooque Azam, Resident of Sisauna Ward No.- 01, Near MRF Tyre Agency, Gaiyari, P.S.- Araria, District - Araria - 854311.

2.

Birendra Kumar Sah, Son of Late Nand Lal Sah, Permanent Resident of village- Jadia Anantpur Chowk, P.S.- Jadia, District- Supoul - 8522214. ... ... Petitioner/s

Versus

1.

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

2.

The Director-in-Chief (Administration) Health Services Government of Bihar, Patna.

3.

The Bihar State Staff Selection Commission, through it's Secretary, Veterinary College Campus, Patna.

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

For the Petitioner/s :

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

Additional Advocate General- 9 For the B.S.S.C.

:

Mr. Ravi Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 12906 of 2021 which has stood dismissed for want of prosecution vide order dated 13.12.2023.

2.

The learned counsel for the petitioners has submitted that the aforesaid case could not be marked in the daily cause list on 13.12.2023, resulting in the counsel being unable to attend the

Patna High Court MJC No.2919 of 2025(2) dt.28-11-2025 2/2 case when the case was called out for hearing, leading to dismissal of the aforesaid petition for non-prosecution, hence, a sympathetic view be taken and the aforesaid 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 petitioners as also taking into account 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. 12906 of 2021 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U