The Director, All India Institute Of Medical Sciences And ORS v. Mukesh Kumar Roy And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1413 of 2016 =========================================================== Shri Umiya Enterprises, 503, Saboo Complex, Exhibition Road, Patna through its Proprietor Shri Amarnath Pandey .... .... Appellant/s
Versus
1. The Union of India through its Ministry of Health, Government of India, New Delhi - 110001
2. The Director, All India Institute of Medical Sciences, Phulwarisharif, Patna 801505, District - Patna
3. The Medical Superintendent, All India Institute of Medical Sciences, Phulwarisharif, Patna 801505, District - Patna
4. The Deputy Director, ( Administration ), All India Institute of Medical Sciences, Phulwarisharif, Patna 801505, District - Patna
5. The Licensing Authority, Drug Control Administration, Patna in the Department of Health, Govt. of Bihar, Municipal Corporation Area, Patna, District - Patna
6. Mukesh Kumar Roy Son of Sri Manager Roy, Proprietor, Citadel Vigilant System, 2nd Floor, Madhuri Bhawan, Jamal Road, Patna 800001
7. M/s Medical Place, West Boring Canal Road, Patna-800001, through its proprietor, Kumar Singh, S/o Late Ram Chandra Singh, R/o House No. 6/102, Road No.6, Indrapuri, North Patel Nagar, P.S.-Patiluputra. .... .... Respondent/s With =========================================================== Letters Patent Appeal No. 1433 of 2016 Arising out of Civil Writ Jurisdiction Case No. 729 of 2015 ===========================================================
1. The Director, All India Institute of Medical Sciences, Phulwarisharif, Patna 801505, District - Patna.
2. The Medical Superintendent All India Institute of Medical Sciences, Phulwarisharif, Patna, 801505, District Patna.
3. The Deputy Director, (Administration), All India Institute of Medical Sciences, Phulwarisharif, Patna 801505, District - Patna.
Patna High Court LPA No.1413 of 2016 dt.06-02-2017 2/3 .... .... Appellant/s
Versus
1. Mukesh Kumar Roy Son of Shri Manager Roy, Proprietor, Citadel Vigilant System, 2nd Floor, Madhuri Bhawan, Jamal Road, Patna - 800001.
2. The Union of India through its Ministry of Health, Government of India, New Delhi - 110001.
3. The Licensing Authority, Drug Control Administration, Patna in the Department of Health, Govt. of Bihar Municipal Corporation Area, Patna, District Patna.
4. Shri Umiya Enterprises, 503, Saboo Complex, Exhibition Road, Patna through its Proprietor Shri Amarnath Pandey.
5. M/s Medical Place, West Boring Canal Road, Patna-800001, through its proprietor, Kumar Singh, S/o Late Ram Chandra Singh, R/o House No. 6/102, Road No.6, Indrapuri, North Patel Nagar, P.S.-Patiluputra .... .... Respondent/s =========================================================== Appearance:
For the Appellant/s : Mr. P. K. Shahi, Sr. Advocate. Mr. Tuhin Shankar, Advocate.
For AIIMS : Mr. Vinay Kumar Pandey, Advocate. For Intervener : Mr. Shekhar Singh, Advocate. Mr. Shantanu Kumar, Advocate.
For Respondent No.6 & 1 : Mr. Ashok Kumar Singh, Advocate. Mr. Lallan Kumar Singh, Advocate.
=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 06-02-2017 This order shall dispose of both the abovementioned
Patna High Court LPA No.1413 of 2016 dt.06-02-2017 3/3 Letters Patent Appeals arising out of C.W.J.C. No. 729 of 2015. Since the issue is common in both the abovementioned Letters Patent Appeals, these appeals are taken up together. Learned counsel appearing on behalf of All India Institute of Medical Sciences submits that the contract period of the contract awarded to M/s Umiya enterprises has come to an end and that the appellant will entertain bid of the said firm in subsequent tender process after it is found in order in accordance with law and that observation of the learned Single Bench will not be taken as disqualification for the bidder.
In view of the said fact, the abovementioned Letters Patent Appeals are dismissed as infructuous.
(Hemant Gupta, ACJ) (Sudhir Singh, J) AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 09.02.2017 Transmission Date Mishra/-