Baijnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15256 of 2018 ====================================================== Baijnath Singh S/o Late Jivadahar Prasad Singh, R/o Village Shri Nagar, Bikram More, P.O. and P.S.- Naubatpur, District- Patna. Presently residing at 59, Abagilla, Bichhedi, Anchal Naubatpur, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Department of Health, Govt. of Bihar, Patna. 4.

The Director- in-Chief Health Services, Department of Health, Govt. of Bihar, Patna.

5.

The District Magistrate-cum-Collector, Patna. 6.

The Sub-Divisional Officer, Bikram, District- Patna. 7.

The Anchal Adhikari, Naubatpur, District- Patna. 8.

The Civil Surgeon, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kumar Singh For the Respondent/s :

Mr.Lalit Kishore -Ag ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 02.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "I. For issuance of a direction to the respondents to protect the land bearing plot no. 314 of khata no. 409 area 28 decimals of village-Hardaspur

Patna High Court CWJC No.15256 of 2018(2) dt.06-01-2020 2/3 Misharpura, under Naubatpur Police Station of District-Patna donated by Smt. Lalpari Kunwar through registered deed dated 14.3.1955 in favour, the then Chairman of Patna District Board for construction of hospital for children and ladies. II. For directing the respondents to ensure posting of a regular doctor in the above stated hospital for te welfare of the local public especially the children ad the ladies.

III. For commanding the respondents to remove unauthorized encroachment from the building of the hospital and the plot and campus for smoothly running of the hospital. "

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.15256 of 2018(2) dt.06-01-2020 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U