Kumari Dayal Dai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2362 of 2022 In Civil Writ Jurisdiction Case No.748 of 2018 ====================================================== 1.

Kumari Dayal Dai Daughter of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 2.

Kumari Neelam Wife of Sri Vishwamohan Kumar, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 3.

Rupam Kumari Wife of Subhash Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 4.

Raj Kumar Son of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 5.

Sharad Kumar Son of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 6.

Krishana Kumar Son of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 7.

Chandrakant Sahay Son of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. 8.

Jyoti Kumar Son of Late Sachidanand Pandit, Resident of Gulzarbagh, Station Road, P.S.- Alamganj, Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Secretary, Department of Health, Government of Bihar, Patna. 3.

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

The Secretary, Department of Social Welfare, Government of Bihar, Patna. 5.

The Director, Department of Social Welfare, Government of Bihar, Patna. 6.

The Treasury Officer, Patna.

7.

The Accountant General, Birchand Patel Marg, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.S.D. Yadav(Aag 9) Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2024 The present petition has been filed for restoration

Patna High Court MJC No.2362 of 2022(3) dt.08-02-2024 2/2 of a writ petition bearing CWJC No.748 of 2018, which has stood dismissed for want of prosecution by an order dated 15.11.2022.

2.

The learned counsel for the petitioners has submitted that the counsel for the petitioners had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 15.11.2022, thus, 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 considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.748 of 2018 to its original file. 4.

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