Arun Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1371 of 2011 ====================================================== Arun Kumar, son of Sri Surya Nath Dubey, resident of Gandhi Nagar, Ara, P.S. Ara, Distt. Bhojpur, Ara .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna

2. The Health Secretary, Bihar, Patna

3. The Executive Director, State Health Society, Bihar, Sheikhpura, Patna

4. The Regional Deputy Director, Health Services, Patna Division, Patna

5. The Civil Surgeon cum Member Secretary, Bhojpur, District Bhojpur, Ara

6. The Collector, Bhojpur, District Bhojpur, Ara cum President, District Health Society, Bhojpur, Ara .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Dhurjati Prasad, GP-7 Miss. Parinita Rai, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-05-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. However, learned GP-7, appearing on behalf of the respondents, submits that the present matter has now become infructuous in view of the passage of time. It is pointed out that the petitioner has filed the present writ petition questioning the validity and correctness of the order/letter dated 17.06.2010 (Annexure-1), whereby a direction was issued for cancellation of the contract of the petitioner for providing Ambulance services for Primary Health Centre and Additional Primary Health Centre in the district of Bhojpur. By referring to the Annexure-15, he further submits that the agreement for providing Ambulance services between the petitioner and the respondents was only for a period of three years and that period is already over.

Patna High Court CWJC No.1371 of 2011 (5) dt.06-05-2015 It is also relevant to mention here that the respondents have filed counter affidavit and a copy of the same was served upon learned counsel appearing on behalf of the petitioner way back on 27.03.2012, but till date no rejoinder affidavit has been filed on behalf of the petitioner controverting the averments made in the aforesaid counter affidavit.

In above view of the matter, the submission made by learned G.P.-7 that the present writ petition has become infructuous appears to be correct.

For the reasons recorded above, the present writ petition stands dismissed.

The interim order dated 05.04.2011 passed by a Bench of this Court stands vacated.

(Birendra Prasad Verma, J) Arvind/- U