Patna High Court
Dr. Premchanda PrabhatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of, but the petitioner is granted liberty to raise any grievance at an appropriate stage if so advised.
Summary
Dr. Premchanda Prabhat filed a writ petition against the State of Bihar and its officials alleging grievances that he claimed were not adequately addressed. The petitioner’s counsel argued that a counter‑affidavit filed by the State indicated that his grievances had been redressed, but the petitioner, being not in a sound state of mind, could not provide further instructions or a detailed calculation chart to counter the State’s position. The petitioner sought liberty to raise any grievance that may arise in the future. The Court noted the petitioner’s mental condition and, without deciding on the merits, disposed of the petition while granting him the liberty to approach the Court again at an appropriate stage if advised. Consequently, the petition was dismissed with a conditional liberty to re‑file.
Issues considered
- Whether the petitioner can be granted liberty to raise any future grievance despite the dismissal of the present writ petition
Subjects
- writ petition
- civil procedure
- liberty to approach court
- mental health
- state liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9451 of 2022
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Dr. Premchanda Prabhat son of Late Rosan Baitha resident of village- Mandir,
P.O.- Pakwalia, P.S.- Barharia, Mathurapur, Mathurapur, District- Siwan,
Bihar- 800013.
... ... Petitioner/s
Versus
1. The State of Bihar, Patna.
2. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
3. The Additional Secretary, Health Department, Government of Bihar, Patna.
4. The Chief Medical Officer-cum-Civil Surgeon, Sadar Hospital Gopalganj.
5. The Principal Accountant General (A and E), Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar, Adv.
For the Respondent/s : Mr.Birju Prasad (GP13)
For the AG : Dr. Anand Kumar, Adv
Mr. Ranjan Prakash, Adv.
Ms. Anuradha Mishra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
8 06-02-2026 Heard Mr Pranav Kumar, learned counsel for the
petitioner and learned counsel for the Respondents.
2. Learned counsel for the petitioner submits that the
counter affidavit has been filed on behalf of the State and
according to them, the grievances of this petitioner has been
redressed.
3. The matter was adjourned for taking appropriate
instruction from the petitioner and file calculation chart
controverting the stand taken by the State-Respondents, if any.
4. Since the petitioner is not in a good state of mind,
therefore, such instruction could not be obtained and the
Patna High Court CWJC No.9451 of 2022(8) dt.06-02-2026
2/2
petitioner seeks liberty that in case of any grievance which
comes to the knowledge of the petitioner in due course of time,
the liberty may be restored to agitate the same.
5. In view of the aforesaid, the writ petition stands
disposed of with the liberty to raise at appropriate stage, if so
advised.
(Ajit Kumar, J)
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