Hitech Healthcare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14811 of 2025 ====================================================== Hitech Healthcare through its Proprietor Bishnudeo Thakur, Male, aged about-66 years, S/o Late Jatadhar Thakur, Resident of Ward No. 35, MohallaAyachinagar Benta, P.O.- D.M.C., P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Health, Government of Bihar, Patna.

2.

The Principal Secretary, Dept. of Health, Govt. of Bihar, Patna. 3.

The Bihar Health Society, Sheikhpura, Patna its Director. 4.

The Director, Bihar Health Society, Sheikhpura, Patna. 5.

The Administrator, Bihar Health Society, Sheikhpura, Patna. 6.

The Civil Surgeon-cum-Chief Medical Officer, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the State :

Mr. Raghwanand, GA-11 Mr. Rajnish Shandilya, AC to GA-11 For the Bihar Health Society :

Dr. Anand Kumar, Advocate Ms. Tooba Hera, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 29-04-2026 Heard learned counsel for the parties.

2. Following is the relief sought for in the present writ application:- "1. That this is an application for issuance of a writ of mandamus directing/commanding the respondents to return the security money to the petitioner by which the petitioner deposited the amount through demand

Patna High Court CWJC No.14811 of 2025(5) dt.29-04-2026 2/3 draft bearing D.D. No. 095438 dated 10-05-2016 of Central Bank of India of Rs. 50000/- and also bearing D.D. No. 083850 dated 06-06-2018 of Axis Bank of Rs. 50000/- for the financial year 2016-17 and 2018-19 as per Technical Tender Vide Tender Invitation Published in Hindi daily News Paper Jagaran dated 01.05.2015 and Prabhat Khabar dt. 18.05.2018 for the supply of Medicine, Surgical goods & Machine Equipments etc. for the year 2018-19 and 2019-20 vide tender enquiry No. PR2033 (Health) 2018-19. The same has been paid to the petitioner with statutory interest because since 9 years petitioner requested the respondents Authority to return his security money but till date no action taken by the respondent authority and for issuance of any other appropriate writ/writs, direction/directions, order/s by which the petitioner may be found entitled to."

3. Learned counsel for the petitioner submits that the grievance against the respondent authority stands redressed; however, the concerned bank has not made the payments. It is, therefore, prayed that liberty be granted to file a fresh application against the bank.

4. A counter affidavit has been filed on behalf of Respondent No. 6, wherein following statement has been made:- "9. That in compliance of the order dated 10-09-2025 the answering respondent has returned the demand draft bearing no. 095438 dated 10-05-2016 and 083850 dated 06-06-2018 of Rs. 50,000/- each on 12-09-2025 to the person

Patna High Court CWJC No.14811 of 2025(5) dt.29-04-2026 3/3 authorized by the proprietor Hitech Healthcare and he acknowledge receiving of demand draft over Letter No. 2479 dated 11-09-2025."

5. Upon perusal of the aforesaid statement, it appears that the grievance of the petitioner has already been redressed and the bank has not been made party in this case.

6. In view of the aforesaid, this Court is of the view that no further order is required to be passed in the present writ application.

7. Accordingly, the present writ application stands disposed of.

8. If so advised, the petitioner shall be at liberty to take appropriate legal recourse available to him against the bank.

9. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, J) (Shailendra Singh, J) Sachin/- U