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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,
Patna High Court CWJC No.1849 of 2026(4) dt.01-05-2026
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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
           Patna High Court CWJC No.1849 of 2026(4) dt.01-05-2026
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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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