IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No. 552 of 2010
In
CWJC No. 7669 of 2009
With
I.A. No. 2829 of 2010
And
I.A. No. 2830 of 2010
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The State of Bihar & Ors. ......................................... Appellants
Versus
Umeshwar Prasad ................................................ Respondent.
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APPEARANCE
For the appellants: A.C. to AAG 2.
For the respondent: Mr. Gajanan Arun, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3. 18.02.2011. In view of the strike call given by the Bihar State Bar
Council, none of the Advocates is present.
Under order dated 23rd March 2010 made by this
Court (Coram: Dipak Misra, CJ, as he then was, and Mr
Justice Mihir Kumar Jha) the matter at issue was referred to
Justice Uday Sinha Committee constituted under order dated
11th February 2010 made on L.P.A. No. 1623 of 2009.
The aforesaid Committee has, under its
communication dated 14th February 2011, informed this Court
that the State functionaries, namely, the Civil Surgeon,
Aurangabad and the Civil Surgeon, Madhubani have not
responded to the notice of the Committee. On account of non-
cooperation by the aforesaid State functionaries, the
Committee is unable to proceed further with the matter.
2
In above view of the matter, we are of the opinion
that interest of justice will be met if the above referred order
dated 23rd March 2010 made on Letters Patent Appeal is
recalled and the Appeal is heard and decided by the Court on
merits.
For the aforesaid reason, we recall the order dated
23rd March 2010 made on L.P.A. No. 552 of 2010. The case
stands withdrawn from the Committee.
The Letters Patent Appeal will be notified for
admission-hearing.
The Registry will send copy of this order to Justice
Uday Sinha Committee.
( R.M. Doshit, CJ )
Dilip ( Jyoti Saran, J )