Birendra Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18402 of 2015 =========================================================== Birendra Prasad Gupta, Son of Late Sita Ram Sao, Proprietor of M/S Viccy Store, Resident of village- Tola Shiv Mandir, Khatri Tola, Jehanabad, P.S.- Jehanabad, District- Jehanabad .... .... Petitioner

Versus

1. The State of Bihar

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

3. The District Magistrate cum Chairman, District Health Society, Jehanabad

4. The Civil Surgeon cum Chief Medical Officer cum Member Secretary, District Health Society, Jehanabad

5. The District Programme Manager, District Health Society, Jehanabad

6. The Deputy Superintendent, Amar Shahid Jagdeo Prasad Hospital, Jehanabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Prafull Chandra Jha, Advocate For the Respondents: Mr. A.N. Deo SC26 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-12-2015 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for restraining the respondent authorities specially the Respondent Nos. 3 to 5 from publishing/issuing of fresh/new tender/order regarding supply of PATH (meal of patients) in the Sadar Hospital Jehanabad to the admitted patients, and for connected reliefs.

3. At the time of hearing, learned counsel for the petitioner, however, confines the relief seeking liberty to represent the District Magistrate-cum-Chairman, District Health Society, Jehanabad for redressal of his grievances.

Patna High Court CWJC No.18402 of 2015 dt.18-12-2015 2/2

4. Learned counsel for the respondents appears and has been heard.

5. In the above view of the matter and with consent of the parties, the writ petition is disposed of, granting liberty to the petitioner to approach the District Magistrate-cum-Chairman, District Health Society, Jehanabad (Respondent no. 3) with a fresh representation for redressal of his grievances within a period of two weeks from today. If such a representation is filed, the same shall be considered and disposed of on its own merits in accordance with law expeditiously and preferably within six weeks from the date of the representation being filed.

6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/- U