Hitech Healthcare v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10528 of 2016 =========================================================== Hitech Healthcare through its Proprietor Bishnudeo Thakur, Son of Jatadhar Thakur, Resident of Ayachinagar, Benta, P.O. DMC, Laheriasarai, P.S. Laheriasarai, District - Darbhanga .... .... Petitioner

Versus

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

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

3. The Civil Surgeon - Cum - Chief Medical officer, Kaimur, Bhabhua

4. The Chairman, District Purchase Committee, Civil Surgeon officer, Kaimur Bhabhua

5. The Drug Inspector, Kaimur Bhabhua.

.... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Amish Kumar, Adv. For the Respondent/s : Mr. Gaghwanand, G.A.-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In this case, the respondent No.3 published a tender notice in daily newspaper namely "Prabhat Khabar" on 14.06.2016 for the purposes of supply of medicines, equipments and other items to the hospital for the Financial Year 2016-17 in the district of Kaimur. The date for filling up the tender was provided for 5 days from the date of publication of the said tender, but last date was fallen in a Government holiday. On the next opening day, the

Patna High Court CWJC No.10528 of 2016 dt.06-03-2017 2/2 petitioner has filled up the tender, but the same has not been accepted.

3.

Learned counsel for the petitioner submits that as the last date for filling up the tender was fallen in a Government holiday the authority should have accepted his tender on the next working day, but the same has not been accepted by the authority. 4.

It is well known principle of law that if the last date is a Government holiday then the last date will be shifted to next opening day.

5.

From the record it appears that the petitioner has filed a representation before the Civil Surgeon, Kaimur, for accepting his application, which is still pending. Hence, this Court directs the Civil Surgeon, Kaimur to consider the representation of the petitioner and pass appropriate order in accordance with law. 6.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 07.03.2017 Transmission Date N/A