Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1633 of 2021 ====================================================== Geeta Devi Wife of Late Raj Kumar Purve Resident of Village- Ganguli, P.s.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar 2.

The Director-in-Chief Health Secretary, Department of Health, Government of Bihar, Patna 3.

The Civil Surgeon-cum-Chief Medical Officer, Government of Bihar, Madhubani 4.

The District Magistrate, Madhubani 5.

The Incharge Medical Officer, Primary Health Centre, banipatti, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

Mr. Lalit Kishore, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 06-04-2022 Heard learned counsel for the parties.

On 03.03.2022 the following order was passed: "Prima facie order dated 24.11.2020 produced as Annexure 17 is without application of mind by the author of the document. There is no reference to the explanation sated to have been submitted by the petitioner to the show cause notice, therefore, the aforesaid order is bereft of reasons and it is liable to the set aside.

At this juncture, learned counsel for the State/respondents seeks time to get instruction insofar as withdrawing of the order dated 24.11.2020 and passing suitable

Patna High Court CWJC No.1633 of 2021(6) dt.06-04-2022 2/2 speaking order after due consideration of contents of show cause notice and explanation of the petitioner stated to have been furnished.

Re-list this case on 22.03.2022."

Learned counsel for the State, on instruction, submitted that on 04.04.2021, the order dated 24.11.2020 is withdrawn. Thereafter, reasoned/speaking order was passed on 05.04.2022 and it has been communicated to the petitioner. If it is not communicated, the concerned authority is hereby directed to communicate the aforesaid order forthwith to the petitioner. Accordingly, the present petition stands disposed of, reserving liberty to the petitioner to question the validity of further development, if she is advised so.

(P. B. Bajanthri, J) Ankit/- U