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2025 DAILYLAW 30880 (PAT)

Pawan Shekhar v. The State of Bihar

CWJC/6020/2025 · 2025-07-15

A Abhishek Reddy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6020 of 2025 ====================================================== Pawan Shekhar, Son of Late Subash Sharma, Resident of Mohalla/Village- Sabajpura, P.O- Khagaul (Dinapur), P.S- Phulwari Sharif, District- Patna- 801105. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd., through its Managing Director Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 7. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., 4th Floor Library Building, ANMMCH, Gaya. 8. The Civil Surgeon-cum-Chief Medical Officer, Arwal- 804401. 9. The District Magistrate (in short DM), Arwal-804401. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6034 of 2025 ====================================================== Ashok Kumar and Santosh Kumar Singh (JV), through its lead and working partner i.e. Mr. Ashok Kumar, aged about 43 years (male), Son of Sri Lakshmi Bhagat, Resident of Mohalla- Patliputra Co-operative Society, Plot No.84, Ward No.22 B, In front of Notredam Academy, Patliputra Colony, P.O and P.S- Patliputra, District- Patna 13 Official Address- Premshree Residency, Flat No. 303, Road No. 3E, New Patliputra Colony, Patna-13. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 2/8 15. 3. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, 4th Floor, Library Building, ANMMCH, Gaya. 7. The Civil Surgeon-cum-Chief Medical Officer, Gaya. 8. The District Magistrate, Gaya. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6114 of 2025 ====================================================== M/s Shanti Construction and Company through its partner Mr. Praveen Anand, Aged about 50 (Male), Son of Late Satya Deo Prasad, Resides at Mohalla- Mulchand Path, New Chitragupta Nagar, Annpurna Villa, Ward No. 45, P.S.- Patrakar Nagar, P.S.- Lohia Nagar, Kankarbagh, Patna- 20. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd. through its Managing Director, Swasthya Bhawna, Behind IGIMS, Sheikhpura, Patna- 800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS. Sheikhpura, Patna- 800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura, Patna- 800014. 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behin IGIMS, Sheikhpura Patna- 800014. 7. The Dy. General Manager (Project), (Mr. Sagar Jaiswal), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura, Patna- 800014. Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 3/8 8. The Manager (Project), Nalanda, (Sri Vishwanath Singh), Bihar Medical Services and Infrastructure Corporatio Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura, Patna- 800014. 9. The Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif- 803101. 10. The District Magistrate, Nalanda at Biharsharif- 803101. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6188 of 2025 ====================================================== Ashok Kumar and Santosh Kumar Singh (JV), through its lead and working partner i.e. Mr. Ashok Kumar, aged about 43 Years (Male), Son of Sri Lakshmi Bhagat, Resident of Mohalla - Patliputra Co-operative Society, Plot No. 84, Ward No. 22 B, In front of Notredam Academy, Patliputra Colony, P.O and P.S- Patliputra, District- Patna 13 Official Address-Premshree Residency, Flat No. 303, Road No. 3E, New to Patliputra Colony, Patna-13. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, 4th Floor, Library Building, ANMMCH, Gaya-823001. 7. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad-804408. 8. The District Magistrate (in short D.M), Jehanabad. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6194 of 2025 ====================================================== Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 4/8 M/s Sab Construction through its working partner Mr. Anil Kumar, aged about 49 years (male), Son of Late Harihar Singh, Village- Chitauli, P.O- Ramdihra, P.S- Amjhor, District- Rohtas-821312. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd., through its Managing Director Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 7. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd., 4th Floor, Library Building, ANMMCH, Gaya. 8. The Civil Surgeon-cum-Chief Medical Officer, Aurangabad-824101. 9. The District Magistrate (DM), Aurangabad-824101. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7241 of 2025 ====================================================== M/s Raghubar Singh through its working partner Mr. Raghubar Singh, Aged about 67 Years (Male), Son of Sunder Singh, Resident of Mohalla- Laljee Tola, Jitendrea Bilash Bhawan, Flat No. -202, P.O- G.P.O, P.S- Gandhi Maidan, District- Patna-800001. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd. through its Managing Director Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 5/8 Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 7. The Civil Surgeon cum Chief Medical Officer, Patna. 8. The District Magistrate (DM), Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7288 of 2025 ====================================================== Mohan Sharma Son of Late Ram Kishore Singh, Resident of Mohalla- Punjabi Colony, Shyama Shadan, Nai Godam, P.S- Kotwali, P.O- Nai Godown, District- Gaya-823001. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd., through its Managing Director Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd., Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 7. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, 4th Floor, Library Building, ANMMCH, Gaya. 8. The Civil Surgeon-cum-Chief Medical Officer, Nawada-805110. 9. The District Magistrate (in short DM), Nawada-805110. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7912 of 2025 ====================================================== Ajay Kumar Singh Son of Late Manbodh Singh, Resident of Village and P.O- Bare, P.S- Bhabua Bare, District- Kaimur (Bhabua), State-Bihar, Pin-821109. Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 6/8 ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Patna-15. 2. The Additional Chief Secretary, Health Department, Old Secretariat, Patna- 15. 3. Bihar Medical Services and Infrastructure Corporation Ltd. through its Managing Director Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 4. The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd.. Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014. 5. The General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014 6. The Chief General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Swasthya Bhawan, Behind IGIMS, Sheikhpura-800014 7. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Ltd, Regional Office, Sasaram-821115. 8. The Civil Surgeon-cum-Chief Medical Officer, Bhabua (District-Kaimur)- 821101. 9. The District Magistrate (in short DM), Kaimur at Bhabua-821101. ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 6020 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. Mr. Anil Kumar Sinha, Adv. Mr. Amrit Kirti, Adv. Mr. Siddharth Aditya, Adv. Mr. Aman Raj, Adv. For the Respondent/s : Mr.Advocate General For the BMSICL Mr. Lalit Kishore, Sr. Adv. Mr. Vikash Kumar, Adv. Mr. Ayush Kumar, Adv. Mr. Kanishka Shankar, Adv. (In Civil Writ Jurisdiction Case No. 6034 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Government Pleader (5) For the BMSICL Mr. Lalit Kishore, Sr. Adv. Mr. Vikash Kumar, Adv. Mr. Ayush Kumar, Adv. Mr. Kanishka Shankar, Adv. (In Civil Writ Jurisdiction Case No. 6114 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Government Pleader (5) For the BMSICL Mr. Lalit Kishore, Sr. Adv. Mr. Vikash Kumar, Adv. Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 7/8 Mr. Ayush Kumar, Adv. Mr. Kanishka Shankar, Adv. (In Civil Writ Jurisdiction Case No. 6188 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Government Pleader (5) (In Civil Writ Jurisdiction Case No. 6194 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Addl. Advocate General (04) (In Civil Writ Jurisdiction Case No. 7241 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Additional Advocate General (4) (In Civil Writ Jurisdiction Case No. 7288 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Standing Counsel (11) (In Civil Writ Jurisdiction Case No. 7912 of 2025) For the Petitioner/s : Mr.Manish Sahay, Adv. For the Respondent/s : Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 3 15-07-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels. 2. Having regard to the fact that the petitioners have already issued a legal notice (Annexure P/6 of CWJC No.6020 of 2025, CWJC No. 6034 of 2025, CWJC No. 6188 of 2025 and CWJC No.6194 of 2025, Annexure P/7 of CWJC No. 6114 of 2025, CWJC No.7288 of 2025 and CWJC No. 7912 of 2025 and Annexure P/8 of CWJC No. 7241 of 2025) to the respondents- authoritiy, the present writ petition is disposed of directing the Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd. to treat the said legal notice as a representation made by the petitioners and pass necessary orders strictly in accordance with law. Patna High Court CWJC No.6020 of 2025(3) dt.15-07-2025 8/8 3. It is needless to mention that before passing any order the petitioners shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioners. 4. The authorities shall endeavor to dispose of the said representation as expeditiously as possible preferably within a period of 6 weeks from the date of receipt of the copy of this order, 5. With the above directions, the present writ petition stands disposed of. Bhardwaj/- (A. Abhishek Reddy , J) U