Birendra Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11125 of 2018 ====================================================== Birendra Prasad Gupta, Son of Late Sita Ram Sao, proprietor M/S Viccy Store, Resident of Village: Tola Shiv Mandir Khatri Tola, Jehababad, Police Station Jehanabad, District Jehanabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Health Department, Bihar, Patna. 3.

The District Magistrate cum Chairman, District Health Society, Jehanabad. 4.

The Civil Surgeon cum Chief Medical Officer cum Member Secretary, District Health Society, Jehanaba 5.

The District Programme Manager, District Health Society, Jehanabad. 6.

The Deputy Superintendent, Amar Shahid Jagdeo Prasad Hospital, Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Rajeshwar Singh- Ga10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 27-03-2023 None appears for the petitioner.

In the instant petition, petitioner has prayed for the following relief(s):- "1 i) For quashing the tender noticed dated 20.04.2018 published in the Daily Hindi News paper Hindustan on 27.04.2018 issued under the signature of the Respondent no. 3 and 4 (2018-2019) regarding supplying of path )meal of patients) in Amar Shahid Jagdeo Prasad Hospital, Jehanabad on the ground that there are some peculiar conditions/clauses in the tender notice i.e. clause 7 and 11 which have been added intentionally so that persons like petitioner cannot qualify.

Patna High Court CWJC No.11125 of 2018(2) dt.27-03-2023 2/2 ii) For directing the respondent authority specially the respondent no.4 and 6 to issue experience certificate to the petitioner so that the petitioner can apply the tender for supplying Path (meal of patient) in Amar Shahid Jagdeo Prasad, Hospital, Jehanabad because after repeating representation the respondent no. 4 & 6 are not issuing experience certificate to the petitioner where earlier the respondent no. 6, the same person had issued experience certificate to the petitioner but at present he is not issuing intentionally reasons best known to them.

iii) For all consequential relief/reliefs for which the petitioner is found entitled in course of hearing of this writ application."

We have noticed that there is no interim order insofar as staying the operation of the tender notice dated 20.04.2018. Therefore, one has to draw inference that it has already spent its force.

Accordingly, present writ petition stands dismissed as infructuous.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U