Ashok Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14513 of 2015 ====================================================== 1.

Ashok Kumar Singh, Chairman of Gyan Bharti Siksha Evam Prashikshan Sansthan, Office at Jagdish Lok Apartment, Boring Canal Road, Patna-800001 2.

Awadhesh Kumar, Partner,M/s Krishna Construction, A/12 Abhiyanta Nagar, Ashiyana Nagar, Patna-800025 ... ... Petitioners

Versus

1.

The State of Bihar, through the Principal Secretary, Health Department, Govt. of Bihar, Patna.

2.

The State Of Health Society, Bihar Patna through the Secretary Health -cumExecutive Director, Parivar Kalyan Bhawan, Patna-800014 3.

The District Magistrate-cum-Chairman of District Health Society , Kaimur. 4.

The Civil Surgeon-cum-Secretary, District Health Society Kaimur. 5.

The General Manager, Industry Department Kaimur-cum-Member, District Health Society, Kaimur.

6.

The Deputy Commissioner, Commercial Tax, Kaumur-cum-Member, District Health Society, Kaimur.

7.

The District Tuberculosis Officer, Kaimur-Cum-member District Health Society Kaimur.

8.

Shri Rajnish LaL, Senior deputy Collector, Kaimur-cum-Member, District Health Society ,Kaimuar.

9.

The Treasury officer, Kaimur- cum - Member, District Healthy Society, Kaimur.

10. The District Programme Manager, District Health Society, Kaimur.

11. Smt. Savita Devi, Chairman of Rashtriya Lok Vikash Sangh, Nala Jhil, Majhuan, Ara (Bhajpur) ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Gyan Prakash, Advocate For the Respondents :

Mr. Balram Kapri, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 21-12-2018 The present writ petition has been filed for the following reliefs - "(i) For issuance of a writ in the nature of Certiorari for quashing order of the District Magistrate, Kaimur Dated 24-8-2015 passed in Misc. Case No. 35/2015-16 as contained in Memo No. 2309 dated 25-8-2015 on misinterpretation of facts and order passed by this Hon'ble Court in C.W.J.C. No. 6709/2015 on 6-7-2015 as well without noticing/hearing the petitioners and others being necessary parties.

Patna High Court CWJC No.14513 of 2015 dt.21-12-2018 2/2 (ii) For issuance of a writ in the nature of mandamus commanding the respondent no. 3 to not open the Financial Bid of respondent no. 11 who was disqualified in the Technical Bid itself on 31-3-2015 and misled this Hon'ble Court in C.W.J.C. No. 6709/2015 as well the District Magistrate, Kaimur.

(iii) For issuance of a writ in the nature of mandamus commanding respondent nos. 3 to 10 to not disturb the working of petitioner's N.G.O/Firm of work of outsourcing in all Hospitals of Kaimur district which they got allotted pursuant to their due selection through the same Tender. (iv) For direction upon the respondents to act in accordance with terms and conditions of Tender Notice and guideline notified by the Finance Department, Govt. of Bihar for the work of outsourcing.

(v) For any other relief (s) for which petitioners are found entitled to in the facts of the case."

2. Learned counsel for the petitioners submits that the writ petition has become infructuous by efflux of time as the period of contract was for three years which has since elapsed and hence, it need not be pressed.

3. Learned counsel for the respondents appears.

4. The writ petition accordingly stands disposed of. BT/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.12.2018 Transmission Date N.A.