Abhinay Priyadarshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7212 of 2020 ====================================================== Abhinay Priyadarshi S/o Birendra Kumar R/o- 2M/46, Bhadurpur Housing Colony, Kankarbagh, Patna-800026.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary Department of Health, Govt. of Bihar, Patna. 3.
The Secretary Department of Health, Govt. of Bihar, Patna-cum- Executive Director, State Health Society, Bihar, Patna. 4.
The District Magistrate Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar, Advocate Mr. Kundan Kumar Ojha, Advocate Ms. Kriti Kumari, Advocate Mr. Abhinay Priyadarshi, Advocate Mr. Rajiv Ranjan, Advocate Mr. Subham Bajaj, Advocate For the Respondent/s :
Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-12-2020 Petitioner has prayed for the following relief(s): "1. (I) To direct the State Government to increase the number of Covid-19 testing in the Sate, especially in villages where Covid-19 has stretched its arms.
(II) To direct the State Government to allow open testing of Covid-19 patients even without Prescription by any doctor especially in those areas where Covid 19 cases are escalating.
(III) To direct the State Government, to formulate a digital mechanism through which Covid19
Patna High Court CWJC No.7212 of 2020 dt.16-12-2020 2/3 patients can get to know about the availability of beds in the hospitals.
(IV) To direct the State Government to increase the number of ambulances for Covid19 and non Covid19 Patients.
(V) To direct the State government to make help line numbers available if a patients is denied treatment and the same should also be advertised in daily newspapers circulated across Bihar as well as on different social media platforms."
Learned Advocate General states that the matter is now being directly monitored by Hon'ble the Apex Court and, as such, it would be prudent that the present proceedings are closed, subject to further orders which may be passed by Hon'ble the Apex Court in Suo Motu Writ Petition (Civil) No. 7 of 2020, titled as In Re The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals Etc., in which State has sent for filing an affidavit. The said affidavit deals with the very same issue, subject matter of the present petition.
In view of the statement made by the learned Advocate General, learned counsel for the petitioner prays that the present proceedings be closed reserving liberty to take appropriate action in accordance with law, including filing a fresh petition, if otherwise permissible in law. Also he shall, if required, file an appropriate
Patna High Court CWJC No.7212 of 2020 dt.16-12-2020 3/3 application in the proceedings pending before Hon'ble the Supreme Court.
The instant petition stands disposed of in the aforesaid terms and liberty.
Interlocutory Application(s), if any, shall sand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date 18.12.2020 Transmission Date