Gyan Jyoti Gramoutthan Samiti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12088 of 2019 ====================================================== 1.

Gyan Jyoti Gramoutthan Samiti Through its Secretary Jitendra Kumar Pandey, (Male), aged 48 years, Son of Late Anirudh Pandey, Resident of village and Post Office- Chorwan, Police Station- Baniapur, District- Saran. 2.

Jankalyan Samiti Through its representative Ranjit Sah (Male), aged 44 years, Son of Sita Ram Sah, Resident of village- Gangoi, Post Parsa, Police station- Bheldi, District- Saran.

... ... Petitioner/s

Versus

1.

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

2.

The State Health Society, Bihar through its Executive Director, Patna. 3.

The Commissioner, Saran Division, Saran.

4.

The District Health Society, Saran through its Secretary the Civil Surgeon, Saran.

5.

The District Magistrate-cum-Chairman, District Health Society, Saran. 6.

The Civil Surgeon-cum-Secretary, District Health Society, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Advocate For the State :

Mr. Nagendra Prasad Yadav (SC 23) For Respondent No.2 :

M/s K.K.Sinha Shashi Shekhar, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2022 Petitioners have prayed for the following relief(s):- "(i) For issuance of writ of mandamus upon the authorities of the District Health Society, Saran to issue fresh work order in favour of the petitioners who are lowest rate quoter Ll and L2 in tender of work of

Patna High Court CWJC No.12088 of 2019(2) dt.29-11-2022 2/3 outsourcing and in pursuance of direction sought by the District Health Society, Saran the State Health Society, Bihar, Patna issued instruction on 20-8-2018 clarifying there-in that the District Health Society itself competent to issue work order on favour of the petitioners being L1 and L2 and even Hon'ble High Court in C.W.J.C. No. 16683/2017 filed by the petitioners directed the District Magistrate-cumChairman of the District Health Society, Saran on to decide the petitioners claim.

(ii) For holding that the observation made in the proceeding of the Governing Body of the District Health Society Saran on 29-01-2019 with regard to averment on made in letter No. 3947 dated 20-8-2018 is contrary to the factual matrix of the case as well as the order passed in C.W.J.C. No. 16683/2018 on 9-5-2018 in and District Health Society is under statutory obligation to comply the order of the Hon'ble High Court as well instruction of

Patna High Court CWJC No.12088 of 2019(2) dt.29-11-2022 3/3 the State Health Society Bihar, Patna (iii) For issuance of any other writ (s) Order (s) /direction (s) upon the respondents Specially respondent no. 5 and 6 for which the petitioner be found entitled to in the factual matrix of the case and being Lowest rate quoter Ll and L2 in Tende process."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Sujit U