Gopi Krishan Gopesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2226 of 2022 ====================================================== Gopi Krishan Gopesh Son of Brajnandan Chaudhary, Resident of Mohalla - Sarfuddinpur, Police Station- Bochaha, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Executive Directors, State Health Society Bihar, Parivar Kalyan Bhawan, Sheikhpura, Patna - 800014.

4.

The Civil Surgeon Cum Chief Medical Officer, East Champaran, Motihari Cum Secretary, District Health Society, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav (S.C. 23) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- " That this is an application for issuance of a writ of mandamus for any other appropriate writ(s) order(s) or direction(s) for commanding and directing the respondent authority specially the Civil Surgeon Cum Chief Medical Officer, Motihari Cum Secretary, District Health Society, East Champaran at Motihari. (respondent no. 4) to pay the due amount of petitioner to the tune of Rs. 8,52,051/- in view of the supply orders as contain in memo no. 2829 and 2830 dated 22.12.2009 and memo no. 499 dated 05.03.2010 issued by the respondent no. 4 and accordingly the petitioner supplied the materials in the Hospital for the aforesaid amount and the petitioner also prays for a direction to the respondent authorities to pay the same with admissible interest as permissible

Patna High Court CWJC No.2226 of 2022 dt.24-03-2022 2/2 under the law and further the petitioner prays for issuance of such other order or direction to which the petitioner may be found legally entitled to in the facts and circumstances of the case as stated hereinabove." After the matter was heard for some time, finding the court not to be in favour with the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition reserving liberty to initiate appropriate proceedings before the appropriate forum and/or to take recourse to such other alternative remedies, equally efficacious in law. Permission granted.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date