Patna High Court
Md. IbrahimversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that, since the CHC at Bikram had already been upgraded and handed over, there was no matter left for adjudication and the writ petition was dismissed.
Summary
Md. Ibrahim filed a public‑interest writ petition seeking direction for the construction of a Community Health Centre (CHC) at Bikram, Patna. The respondents submitted a counter‑affidavit containing a departmental status report showing that the PHC at Bikram had already been upgraded to a 30‑bed CHC and the new building was handed over on 08‑11‑2025. The petitioner did not file a reply to the counter‑affidavit despite a specific court order. The court examined the status report and found that the relief sought by the petitioner had already been effected. Accordingly, the court held that no issue remained for adjudication and disposed of the writ petition.
Issues considered
- Whether the petitioner’s relief for construction of a CHC at Bikram is still required in view of the status report
- Whether the writ petition can be dismissed for lack of any remaining dispute
- Whether the petitioner’s failure to file a reply to the counter‑affidavit warrants dismissal
Subjects
- Public Interest Litigation
- Health Department
- Community Health Centre
- Petition dismissed
- Procedural default
- Status report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1849 of 2026
======================================================
Md. Ibrahim, aged about 55 years, male, Son of Late Md. Kasim, Resident of
Village- Bikram (Noniatola), P.S.- Bikram, District- Patna
... ... Petitioner
Versus
1. The State of Bihar , through the Addl. Chief Secretary, Health Department,
Government of Bihar, Patna.
2. The Joint Secretary, Health Department, Government of Bihar, Patna
3. The Director, Health Department, Government of Bihar, Patna
4. The District Magistrate, Patna
5. The Civil Surgeon Cum Chief Medical Officer, Patna
6. The District Health Committee through its Member Secretary, Patna
7. The Incharge Medical Officer, Primary Health Centre, Bikram, Patna
... ... Respondents
======================================================
Appearance :
For the Petitioner : None
For the Respondents : Mr. Kumar Manish, SC-05
Mr. Kumar Pankaj, AC to SC-05
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 None appears for the petitioner.
2. Even though a specific order was passed on the last
date i.e. 10.04.2026 to file reply to the counter affidavit, but no
Patna High Court CWJC No.1849 of 2026(4) dt.01-05-2026
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such reply/rejoinder to the counter affidavit has been filed.
3. In the counter affidavit filed on behalf of
Respondent Nos. 2 and 3, duly sworn by Neeraj Kumar, Under
Secretary, Health Department, Bihar, Patna, it is stated as
follows:
“11. That the Health Department, Govt, of
Bihar vide Departmental Letter No. 566
(10) dated 27.02.2026 has requested the
Chief General Manager (P), BMSICL,
Patna to make available updated status
report regarding the present PIL matter,
and in pursuance of which, the Chief
General Manager (P), BMSICL, Patna
vide Letter No.3887 dated 19.03.2026 has
made available the status report to the
Health Department. Bihar.
12. That from the above status report, the
following stand out.
i. Under Bikram Block of Patna district
for construction of CHC Bikram. an
agreement was executed with the
selected contractor vide contract
no.117/2021-22 dated 17.01.2022 and
for construction of the CMC, Bikram,
the Deputy General Manager (P),
DMSICL vide Letter No. 6980 dated
22.12.2021 requested the C.S.-cum-
C.M.O., Patna to make available a
plot for construction of the CHC,
Bikram.
In view thereof, Incharge Medical
Officer, PHC, Bikram vide Letter No.
226 dated 24.02.2023 made available
a plot for construction of CHC,
Bikram in the premises of APHC,
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Datiyana.
ii. DGM (P), BMSICL, Patna vide Letter
No. 687 dated 27.03.2023 requested
the Incharge Medical Officer, PHC,
Bikram, Patna to include the building
of APHC, Datiyana for construction
of CHC, Bikram.
iii. Thereafter, Civil Surgeon-cum-Member
Secretary, District Health Society,
Patna vide Letter No.818 dated
08.05.2023 directed the Incharge
Medical Officer, PHC, Bikram to shift
the APHC, Datiyana in a rented
house before commencing
construction work of CHC, Bikram at
Datiyana.
iv. After completion of construction work
of CMC, Bikram, Deputy General
Manager (P), BMSICL, Patna vide
BMSICL's Letter No. 824 dated
11.09.2024 requested construction
work of CMC. the Incharge Medical
Officer, PHC, Bikram to take over the
building and in pursuance thereof
building has been handed over and
presently, old PHC, Bikram is being
run in the new CMC, Bikram
Datiyana.
13. That the Civil Surgeon-cum-C.M.Ο., Patna
vide Letter No. 3576 dated 17.03.2026 has
also made available to the Health
Department. Govt, of Bihar regarding
updated status of the CHC, Bikram.
14. That from perusal of the above letter of the
C.S.-cum-C.M.O.. Patna dated 17.03.2026
(vide Annex- D). it is manifest that 06
bedded PHC, Bikram has been upgraded
as 30 bedded CHC, Bikram and the newly
constructed building has also been handed
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over on 08.11.2025 where PHC, Bikram
transferred in the CHC, Bikram, which is
situated merely at a distance of 3 KM from
Bikram NΗ 139.”
4. In view of the averments made in the counter
affidavit, we are of the view that nothing survives in this Public
Interest Litigation for adjudication.
5. Accordingly, the writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
P.K.P./-
U
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