single judge review order recalling a division bench order dated 17.05.2016 in L.P.A. No.198 of 2015 and listing the main appeal for analogous hearing pending Supreme Court precedents.
recall of order dated 17.05.2016 in L.P.A. No.198 of 2015 and listing it for analogous hearing with L.P.A.s 230, 224 and 298 of 2011.
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 Civil Review No.72 of 2017
In
Letters Patent Appeal No.198 of 2015
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Dewashish Ghosh, Son of Late Anil Chandra Ghosh, Resident of Village:Rasiyari, Police Station: Ghanshyampur, District:- Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : For the Respondent/s :
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 20-11-2017
Delay of 8 months and 7 days in filing of this application is condoned. I.A. No. 1506 of 2017 stands allowed and disposed of.
This application has been filed for review/recall of an order dated 17.05.2016 passed by the Division Bench of this Court in L.P.A. No. 198 of 2015 arising out of an order passed by the learned Writ Court in C.W.J.C. No. 4661 of 2012.
Identical orders passed in various L.P.As. have been recalled by this Court in view of certain orders passed by the Supreme Court.
Patna High Court C. REV. No.72 of 2017(5) dt.20-11-2017 2/2
Keeping in view the detailed order passed by this Court in identical situation on 07.08.2017 in Civil Review No. 385 of 2011 and various other cases, this application is allowed, order dated 17.05.2016 passed in L.P.A. No. 198 of 2015 is recalled. L.P.A. No. 198 of 2015 be listed for analogous hearing along with L.P.A. Nos. 230 of 2011, 224 of 2011 and 298 of 2011. Copy of the order dated 07.08.2017 passed in Civil Review No. 384 of 2011 be kept in the record of this file.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
P.K.P.
U
1 issue framed by the court
Whether to recall the order dated 17.05.2016 passed in Letters Patent Appeal No.198 of 2015 following Supreme Court orders on identical matters.
Dewashish Ghosh
The State of Bihar
The Principal Secretary, Health Department, Bihar
The Director-in-Chief, Health Services, Bihar
The Civil Surgeon cum Chief Medical Officer, Madhubani
The In-charge Medical Officer, Primary Health Centre, Madhepur
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
