M/S A To Z Protection And Amc Services Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1461 of 2015 ====================================================== M/s A To Z Protection AND Amc Services Pvt. Ltd. 9/317 , Vikas Nagar Near K.K. Palace Lucknow-226022 through CEO Ajit Jha s/o Sri S.N . Jha, resident of Shantinagar Madhubani, Near Chunapur Road Purnea854301 .... .... Petitioner

Versus

1. The State of Bihar through collector Purnia

2. The Collector-Cum-Chairman Distroct Health Committee, District Purnia.

3. The Civil Surgeon -Cum Member Secretary District Health Committee, District- Purnia.

4. Rogi Kalyan Samittee K. Nagar Hospital having its officer at PHC/RH/SDH/SH PHC Hospital k.Nagar.

5. The Incharge Medical Officer, Primary Health Centre, K. Nagar, District _ Purnia.

6. Md. Rashid alam, Azad Nagar, Purnia .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate For the State : Mr. Avinash Kumar, SC 20 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-02-2015 I have heard learned counsel for the petitioner and the State. Petitioner is aggrieved by Annexure 1 by which the allotment of work order in his favour has been stayed.

It has been submitted by learned counsel for the petitioner that, against the terms of the agreement which has been brought on record as Annexure 2 and without assigning any reason for closure of the work, the work order has been given to respondent no. 6 in utter violation of the agreement.

However, in view of the fact that the petitioner has already

Patna High Court CWJC No.1461 of 2015 dt.13-02-2015 moved before the Collector-cum-Chairman, District Health Committee, District Purnea (respondent no. 2), under Clause 11 of the agreement, in my considered opinion, he cannot maintain the writ application before this Court at the same time for grant of the similar relief.

However, this writ application is being disposed of with a direction to the respondent no. 2, i.e., the Collector-cum-Chairman, District Health Committee, District Purnea, to take a decision with respect to the petitioner's application dated 19.08.2014 which has been kept at Annexure 10, on its own merit and in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. While doing so, the respondent no. 2 will give reasonable opportunity to all the concerned and would consider all the materials available on record including Annexure 9. (Dr. Ravi Ranjan, J) SC/- U