Sanjay Kumar v. The State Of Bihar Through The Additional Chief Secretary, Department Of Health,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3629 of 2024 In Civil Writ Jurisdiction Case No.8926 of 2022 ====================================================== Sanjay Kumar & Ors.

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Department of Health & Ors.

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

For the Petitioner/s :

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

Mr.Government Pleader 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 06-12-2024 This is an application for restoration of C.W.J.C. No. No. 8926 of 2022 for setting aside the order of dismissal for default, which was passed on 30th September, 2024.

2. It appears from the record that the petitioners filed the M.J.C. case for restoration of the writ petition on 3rd October, 2024 i.e. well within the statutory period of limitation.

3. I have perused the petition, and the petitioners have been able to establish sufficient ground for his non-appearance, when the matter was called on for hearing.

4. Therefore, the order dated 30th September, 2024 is set aside and the above mentioned writ petition is restored to its file.

5. M.J.C. No. 3629 of 2024 is accordingly disposed of.

Patna High Court MJC No.3629 of 2024(4) dt.06-12-2024 2/2

6. Petitioner is directed to serve a fresh notice by both modes in C.W.J.C. No. No. 8926 of 2022 for hearing of the writ petition to the Respondent Nos. 1 to 8, for which requisites must be filed by one week from the date of this order.

7. Since this Court presently does not have determination in respect of instant subject matter, matter be placed before the Hon'ble the Chief Justice for assignment to the appropriate Bench.

(Bibek Chaudhuri, J) uttam/- U