Samanta Security And Intelligence Services Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7335 of 2020 ====================================================== Samanta Security and Intelligence Services Pvt. Ltd., Corporate Office at 205, 2nd Floor, Shashi Complex, Exhibition Road, Patna-800001 through its Managing Director Tarkeshwar Nath Singh, aged about years, Male, Son of Punyadev Singh, Resident of Singh Sadan Green Park, Road No. 7, East of Mangal Chowk, Khemnichak, Kankarbagh, P.S.-Kankarbagh, District-Patna2. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Home Police Department, Government of Bihar, Patna. 3.

The Director, Bihar State Health Society, Department of Health, Government of Bihar, Patna.

4.

The District Magistrate-cum-Chairman, District Health Services Committee, Katihar.

5.

The Chief Medical Officer-cum-Secretary, District Health Society, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ranjeet Kumar, Advocate For the Respondents-State Health Society :

Mr.P.K. Verma, Sr.Advocate Mr. Saroj Kumar Sharma, A.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and Mr. P.K.

Patna High Court CWJC No.7335 of 2020(3) dt.24-09-2020 2/3 Verma, learned Senior Counsel appearing for the respondentState Health Society. After detailed arguments and completion of pleadings, petitioner's counsel submits that the tender process has resulted in selection of Elite Falcons as L-1 even though they are not registered with the Director General Resettement, Ministry of Defence, New Delhi.

Mr. P.K. Verma, learned Senior Counsel appearing for the respondent-State Health Society submits that since Elite Falcons is not a party in the instant proceedings, the issue may be examined by the District Magistrate-cum-Chairman, District Health Services Committee, Katihar (Respondent No.4) after hearing the concerned parties in respect of the complaint in this regard, which the petitioner may submit for consideration before Respondent No.4.

In view of the aforesaid submissions, petitioner's counsel submits that tomorrow (25.09.2020) itself, the petitioner would be submitting the complaint before Respondent No.4. This Court would not express any opinion on complaint made by the petitioner since Elite Falcons is not a party to these proceedings. This Court would only observe that if a complaint is submitted, it is needless to say that the same is

Patna High Court CWJC No.7335 of 2020(3) dt.24-09-2020 3/3 required to be looked into in accordance with law after serving a copy of the complaint on Elite Falcons, and after hearing the parties. This Court would also add that whatever decision is taken after hearing the parties, should be done expeditiously and preferably within three weeks.

The writ petition is disposed of.

(Madhuresh Prasad, J) PNM U