GOPAL KUMAR MANDAL v. THE STATE OF JHARKHAND THRO THE SECRETARY-CUM-COMMISSIONER, DEPTT OF HEALTH AND FAMILY WELFARE
C.M.P./828/2025 · 2025-11-07
Anubha Rawat Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36827 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36827 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:33360
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 828 of 2025
Gopal Kumar Mandal, aged about 59 years, son of Late Suresh Chandra Mandal, R/o & P.O. Bariran Bahiyar, P.S. Ramgarh, District Dumka (Jharkhand).
… … Petitioner
Versus
1. The State of Jharkhand through the Secretary-cum-Commission, Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, District-Ranchi.
2. The Joint Secretary to the Government Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, District-Ranchi.
3. The Deputy Secretary to the Government, Department of Health and Family Welfare, Government of Jharkhand, Ranchi having its Office at Nepal House, P.O. & P.S. Doranda, District-Ranchi.
4. The Commissioner, Santhal Pargana Division, Dumka, having its office at P.O. & P.S. Dumka, District-Dumka.
5. The Deputy Commissioner, Dumka having its office at P.O. & P.S. Dumka, District-Dumka.
6. The Civil Surgeon-cum-Chief Medical Officer, Dumka having its office at P.O. & P.S. Dumka, District-Dumka.
7. The In-charge Medical Officer, Primary Health Centre having its office at Jarmundi, P.O., P.S. & District-Dumka.
8. The In-charge Medical Officer, Primary Health Centre, having its office at Masalia, P.O., P.S. & District-Dumka.
… … Opp. Parties
---
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner
: Ms. Rishi Bharti, Advocate
Ms. Priyasha Priyadarshani, Adv.
For the Opp. Party
:
---
03/7th November 2025
I.A. No. 11504 of 2025
1. This interlocutory application has been filed seeking condonation of delay of 9 days in filing this civil miscellaneous petition, which in turn
2025:JHHC:33360
2
was filed for restoration of Civil Review No. 40 of 2022, which was dismissed for non-prosecution on 02.05.2025.
2. The learned counsel for the petitioner has submitted that the petitioner came to know about the dismissal of civil review petition after it was dismissed for non-prosecution. She has submitted that the earlier advocate had given No Objection, but could not hand over the file and therefore new advocate could not be engaged and Vakalatnama also could not be filed.
3. Nobody appears on behalf on the respondent-State to oppose the prayer.
4. Since the delay is only of 9 days and being satisfied with the cause shown, I.A. No. 11504 of 2025 is hereby allowed. C.M.P. No. 828 of 2025
5. This petition has been filed seeking restoration of Civil Review No. 40 of 2022, which was dismissed for non-prosecution on 02.05.2025.
6.
Learned counsel for the petitioner has submitted that on 02.05.2025 when the case was taken up, the Advocate on record had submitted that the petitioner had taken No Objection from the counsel, but no fresh Vakalatnama was filed and accordingly the civil review petition was dismissed for non-prosecution. She submits that though no objection was duly given by the concerned counsel, but the file could not be traced and ultimately the file was reconstructed only in June 2025 and the petition for restoration has been field.
7. After hearing the learned counsel for the petitioner and being satisfied with the cause shown, order dated 02.05.2025 dismissing the Civil Review No. 40 of 2022 for non-prosecution is hereby recalled and Civil Review No. 40 of 2022 is restored to its original file subject to deposit of cost of Rs. 10,000/- in Advocate Clerk’s Association within 10 days from today which details is mentioned below: - Advocate Clerk Association Bank of India, Jharkhand High Court, Doranda
2025:JHHC:33360
3
A/C No. : 495810100101411
IFSC Code: BKID00004958
8. C.M.P. No. 828 of 2025 is hereby disposed of in aforesaid terms.
(Anubha Rawat Choudhary, J.)
Mukul/-
Dated: 07.11.2025
Uploaded on: 08.11.2025