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Patna High Court
The State Of Bihar vs Vijay Achari on 17 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1118 of 2025
In
Civil Writ Jurisdiction Case No.16683 of 2025
======================================================
1. The State of Bihar through Secretary, Department of Health Department,
Govt. of Bihar, Patna.
2. The Secretary, Department of Health Department, Govt. of Bihar, Patna.
3. The O.S.D., Department of Health Department, Govt. of Bihar, Patna.
4. The Executive Director, State Health Society, Bihar, Patna.
5. The Principal, Patna Medical College and Hospital, Patna
... ... Appellant/s
Versus
1. Vijay Achari, Son of Late Dr. Govind Achari, R/o-21-D, Road No. 10, Near
Sushma Apartment, Rajendra Nagar, Manoharpur Kachhuara, P.O.
Kadamkuan, P.S. Kadamkuan, District-Patna-800016.
2. The Registrar, Bihar Council of Mecial Registration, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chandra Shekhar Singh (AC to GA- X)
For the Respondent/s : Mr. Deo Prakash Singh, Advocate
Mr. Pankaj Kumar, Advocate
Ms. Nishu Kumari, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-02-2026
This Letters Patent Appeal has been preferred by
the State of Bihar challenging the order dated 15.10.2025 passed
by the learned Single Judge in CWJC No. 16683 of 2025,
wherein the learned Single Judge has stayed the operation of
Annexure-P/8 vide Letter No. 7489 dated 26.09.2025, issued by
the Principal, Patna Medical College and Hospital and posted
Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026
2/3
the case on 11.12.2025, besides the State is further directed to
file para-wise counter affidavit.
2. Learned counsel for the State has produced the
order dated 27.01.2026 of the Hon'ble Supreme Court passed in
Special Leave to Appeal (C) No(s). 3068 of 2026. On perusal
thereof, it appears that when the matter is taken up on
23.12.2025
, this Court passed the order on three interim
applications, i.e. I.A. No. 02 of 2025 in which the delay of five
days was condoned; I.A. No. 01 of 2025 in which it was held
that there is an error in the interim order passed and accordingly
the order dated 15.10.2025 was stayed. Further in the Letters
Patent Appeal, the private-respondent was directed to file a
counter affidavit within a period of two weeks.
3. The Hon'ble Supreme Court vide order dated
27.01.2026, while disposing the Special Leave Petition,
requested the learned Single Judge in seisin of the writ petition
to expedite a decision on it, in accordance with law.
4. Learned counsel for the State submits that in
view of such order passed by the Hon'ble Supreme Court, the
learned Single Judge may be asked to do the needful in terms of
the order of the Supreme Court.
5. In view of such submission, the present Letters
Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026
Patent Appeal is disposed of and the matter be placed before the
assigned Bench to decide the C.W.JC. No. 16683 of 2025 at an
earliest, as observed by the Hon'ble Supreme Court.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
