Patna High CourtMJC/1157/2017allowed

Laxmi Devi v. The State Of Bihar And ORS

2019-01-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1157 of 2017 In Civil Writ Jurisdiction Case No.4126 of 2014 ====================================================== Laxmi Devi, wife of Late Dr. Ganesh Kumar, Resident of Village- Chiraiya Ghat Road Barmasia, P.S.- Giridih, District- Giridih (Jharkhand). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Department of Health, Govt. of Bihar, Patna.

3. The Director, Health Services, Govt. of Bihar, Patna.

4. The Civil Surgeon, Jamui, District- Jamui.

5. The Director, Health Services, Jharkhand.

6. The Civil Surgeon, Giridih, District- Giridih (Jharkhand).

7. The Accountant General, Bihar & Jharkhand, Veerchand Patel Path Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Respondent/s :

Mr.S.D. Yadav - AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed by the petitioner for restoration of C.W.J.C. No.4126 of 2014, which stood dismissed for want of prosecution vide order dated 23.03.2017. It is submitted by the learned counsel for the petitioner that since he was indisposed on 23.03.2017 and was confined to bed, he could not attend the court when the case was called out as a result of which the writ petition was dismissed for want of prosecution. It is further submitted that his nonappearance before the court was neither deliberate nor wilful

Patna High Court MJC No.1157 of 2017(4) dt.02-01-2019 2/2 rather the same occurred due to unavoidable and compelling reason. If the writ petition is not restored, the petitioner would suffer irrepairable injury for no fault on his part. Learned counsel for the State does not oppose the prayer of the petitioner.

Considering the submissions made above, the application is allowed.

C.W.J.C. No.4126 of 2014 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Md. S/- U