IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3523 of 2010 PRAMOD KUMAR SRIVASTAVA, son of late Baidyanath Prasad, resident of village/ mohalla Madarpur, P.S. +P.O. Darbhanga, District Darbhanga. Versus 1. THE STATE OF BIHAR through the Commissioner Cum Secretary Health Services, Bihar, Patna. 2. The Commissioner Cum Secretary, Health Services, Bihar, Patna. 3. The Director in Chief, Health Services, Bihar, Patna. 4. The Secretary, Health Services, Bihar Patna. 5. The Regional Deputy Director, Health Services, Bihar, Darbhanga. 6. The Civil Surgeon Cum Chief Medical Officer, Darbhanga. 7. The Medical Officer in Charge, Hayaghat at Hayaghat, Disrict Darbhanga. ----------- 2 29.09.2010 Having heard counsel for the parties as with regard to the following relief:- “That this is an application for modification of order dated 21.7.2010 passed in C.W.J.C. No.5826 of 2002 (Pramod Kumar Srivastava Versus The State of Bihar & Ors) by Hon‟ble Mr. Justice Mihir Kumar Jha whereby and whereunder the writ petition has been permitted to be withdrawn with liberty to file an appropriate civil suit for the relief being sought in the application.” and the law settled on the subject of modification of the order in the case of „State of Uttar Pradesh Vs. Shri Brahm Datt Sharma & Anr’ reported in AIR 1987 SC 943, it must be held that this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)