Raushan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19831 of 2014 ======================================================

1. Raushan Kumar S/O Bal Krishna Mishra Resident of VillageKamalpur,P.S-Bidupur,District-Vaishali at Hajipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.

2. The District Magistrate, Vashali at Hajipur

3. The Civil Surgeon,Vashali at Hajipur

4. In- Charge Medical Officer, Primary Health Centre, Bidupur,DistrictVashali at Hajipur

5. Arun Kumar Dangi Son of Late Jai Nandan Singh Dangi Resident of Subash Chowk ,Marai Road,Hajipur (Vashali)

6. Vikash Kumar S/O Ravindra Singh Resident of Village-Kamalpur,P.SBidupur,District-Vaishali at Hajipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Om Prakash Om For the Respondent/s : Mrs. Smt. Nivedita Nirvikar, GA-10 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 11-12-2015 The petitioner, in the present application under Article 226 of the Constitution of India, filed in the nature of Public Interest Litigation, raises a grievance against continuance of a Generic Medicine Shop, being run near the Primary Health Centre, Bidupur, Vaishali, by respondent Nos. 5 to 6.

2. From the pleadings on record, it appears that an agreement was entered into between the Civil Surgeon,

Vaishali and respondent Nos. 5 and 6 for opening a Generic Medicine Shop, for three years on certain terms and conditions. The period has admittedly expired. In this background, it is the grievance of the petitioner that respondent Nos. 5 and 6 are being illegally permitted to continue with the business of Generic Medicine Shop, even after the expiration of the terms of the agreement.

3. A counter affidavit has been filed on behalf of the State of Bihar. It has been submitted on behalf of the State of Bihar that fresh tender has already been floated and the shop would be settled soon with the person/persons competing in the process of tender.

4. In view of the stand taken on behalf of the State of Bihar, we close the present proceeding with a direction to the State of Bihar to complete the tender process within a period of three months from today, in the best interest of the public in general.

This disposes of this application.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) ArunKumar/- U