Gopal Bihari v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15307 of 2018 ====================================================== Gopal Bihari R/o - R/F - 258, Kankarbagh Colony, West Lohia Nagar, Patna - 800020 P.S. Kankarbagh, P.O. - Lohia Nagar. ... ... Petitioner

Versus

1.

State of Bihar 2.

The Principal Secretary, Health Department, Government of Bihar. 3.

The Special Secretary, Health Department, Government of Bihar. 4.

The Director-in-Chief, Health Services, Government of Bihar, Patna. 5.

Head of Department, Nephrology/PMCH.

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

For the Petitioner/s :

Mr.Subodh Kumar For the Respondent/s :

Mr.Pushkar Narain Shahi- Aag6 ====================================================== 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: "(a) For issuance of appropriate writ, order or direction in the nature of mandamus or any other appropriate writ or direction directing to run the Patna Medical College & Hospital in proper. (b) For issuance of appropriate enquiry, order or direction in the nature of dereliction of duty of doctors the same to be responsible."

After the matter was heard for some time, learned

Patna High Court CWJC No.15307 of 2018(2) dt.06-01-2020 2/2 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U