Single-judge oral order condoning a 14-day delay. The court allowed a Miscellaneous Jurisdiction application to recall a previous order and restore Letters Patent Appeal No.1071 of 2011.
Interlocutory application allowed; Order dated 17-08-2011 recalled; Letters Patent Appeal No.1071 of 2011 restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4602 of 2011
In Letters Patent Appeal No.1071 of 2011 In Civil Writ Jurisdiction Case No. 14761 of 2010 With Interlocutory Application No.3313 of 2012 In Miscellaneous Jurisdiction Case No.4602 of 2011 ====================================================== Bipin Kumar Jha S/o Sri Kashi Nath Jha R/o Village - Siswar, P.S. Phulparas, District - Madhubani
.... .... Petitioner
Versus 1. The State of Bihar 2. The District Magistrate cum Chairma, District Health Samiti, Madhubani 3. The Civil Surgeon cum Member Secretary, District, District Health Committee, Madhubani 4. District Programme Manager, District - Health Samiti, Madhubani .... .... Opposite parties ====================================================== Appearance : For the Petitioner : Mr. Sushil Kumar Jha, Advocate For the Respondents : Mr. Dhurjati Kumar Prasad, G.P.-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
Learned advocate Mr. Sushil Kumar Jha is not
Patna High Court MJC No.4602 of 2011 (5) dt.12-07-2012
2 / 2
present on call.
The delay of 14 days occurred in filing the restoration application is condoned.
Interlocutory Application stands disposed of.
Miscellaneous Jurisdiction Case No. 4602 of 2011:
This Application for restoration has been made by the appellant for recall of the order dated 17th August 2011 made on Letters Patent Appeal No.1071 of 2011 and for restoration of Letters Patent Appeal No.1071 of 2011.
On the facts and in the circumstances, the M.J.C. application is allowed. Order dated 17th August 2011 made on Letters Patent Appeal No.1071 of 2011 is recalled. Letters Patent Appeal No.1071 of 2011 is restored.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Pawan/-
3 issues framed by the court
Whether to condone the 14-day delay in filing the restoration application and allow the recall of the order dated 17-08-2011.
Whether the Letters Patent Appeal No.1071 of 2011 should be restored.
Whether the interlocutory application for restoration should be allowed.
Bipin Kumar Jha
The State of Bihar
Chief Justice
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
