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Patna High CourtCWJC/8954/2018disposed

M/S Radha Modern Mini Rice Mill v. The State Of Bihar And ORS

2018-05-18Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8954 of 2018 =========================================================== M/s Radha Modern Mini Rice Mill through its proprietor, namely, Shiv Prakash Singh, registered office at Bhai Sahi, Bhagwanpur, P.S. Bhagwanpur, DistrictKaimur (Bhabhua) corresponding address at Radhavilla, Ward No. 7, P.S. Bhabhua, District- Kaimur (Bhabhua).

.... .... Petitioner

Versus

1.

The State of Bihar through District Magistrate, Sheikhpura, districtSasaram. 2.

Civil Surgeon-cum-Member Secretary, District Health Society, Sheikhpura, district- Sheikhpura.

3.

Executive Director, District Health Society, District- Sheikhpura. 4.

Superintendent Sadar Hospital, Sheikhpura, District- Sheikhpura. 5.

Medical In-Charge Officer, Referral Hospital, Barbigha, DistrictSheikhpura.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate. For the Respondents : Mr. Birju Prasad, GP-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-05-2018 The present writ petition has been filed for the following reliefs - "I. that the present writ application is being filed in the nature of Certiorari for quashing the Memo invitation to tender dated 13.04.2018 issued under the signature of District Magistrate-cum-Chairman, DistrictHealth Society, Sheikhpura and others; on the ground that the work of the petitioner has been found to be satisfactory and the working of the petitioner can be extended if there is no allegation etc., there is a extension given in other district;

II. That the present writ application is being filed in the nature of Mandamus for a direction to the district

Magistrate-cum-Chairman, District Health Society, Sheikhpura and Civil Surgeon-cum-member Secretary, District Health Society, Sheikhpura to extended the work of the petitioner for the terms of two years in the light of Annexure No. 3 i.e. agreement as the work is found to be satisfactory;

III For any other relief/reliefs for which the petitioner is entitled for."

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 14.03.2018 (Annexure-8) filed before the Civil Surgeon-cum-Member Secretary, District Health Society, Sheikhpura, District- Sheikhpura (Respondent No. 2) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

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

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Civil Surgeon-cum-Member Secretary, District Health Society, Sheikhpura, District- Sheikhpura (Respondent No. 2)to consider and dispose of the petitioner's representation dated 14.03.2018 (Annexure-8), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the

date of receipt/production of a copy of this judgment. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.05.2018 Transmission Date N.A.