Hridai Narayan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19944 of 2018 ====================================================== Hridai Narayan Prasad Son of the Late Banti Sah, Resident of Village- Pipra, P.O.P.S.- Darpa, District- East Champaran Bihar. ... ... Petitioner/s

Versus

1.

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

The Secretary, Health Department, Bihar, Patna. 3.

The Commissioner, Tirhut Division at Muzaffarpur. 4.

The District Magistrate, East Champaran.

5.

Civil Surgeon, East Champaran. Both at Motihari. 6.

Madan Mohan Prasad Singh, Medical Officer Incharge, Primary Health Centre, Chhauradano.

7.

Ram Kumar Gupta, Store Keeper, Primary Health Centre, Chhauradano, Both no.6 and 7, P.S.- Chaurada 8.

The Additional Collector, East Champaran.

9.

Senior Deputy Collector, East Champaran, both no. 8 and 9 At Motihari, District- East Champaran.

11.

The Sub-Divisional Officer, Raxaul at Raxaul, Distt- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Respondent/s :

Mr.S.D. Yadav- Aag9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 This petition filed on 05.10.2018 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: "For issuance of appropriate writ in the nature of

Patna High Court CWJC No.19944 of 2018(2) dt.06-01-2020 2/3 writ of mandamus commanding the respondents to take up follow up action pursuant to the inquiry report dated 21.11.2014 submitted by a committee comprising the respondent no. 5, the respondent nos. 8,9 and 10 as contained in Annexure-1 which is the result of a direction/observation dated 5.12.2013 of this Hon'ble Court passed in CWJC No. 23443 of 2013."

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.

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.

Patna High Court CWJC No.19944 of 2018(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U