Vishal Sarb Seva Sansthan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22237 of 2019 ====================================================== Vishal Sarb Seva Sansthan Nabinagar, through its Secretary, Ramchandra Singh, aged about 72 years (Male), son of Late Baldev Singh, Resident of Village- Sonapura, P.O. Nabinagar, P.S. Nabinagar, District- Aurangabad (Bihar)- 824301.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Health-Cum- Executive Director, State Health Society, Bihar at Parivar Kalyan Bhawan, Patna- 800014.

3.

The Director, Health Department, Government of Bihar, Patna. 4.

The District Magistrate-Cum- The Chairman, District Health Society, Aurangabad (Bihar).

5.

The Civil Surgeon-Cum- The Member Secretary, District Health Society, Aurangabad (Bihar) 824101.

6.

The Incharge Medical Officer, Referral Hospital, Nabinagar, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Chandra Shekhar Azad, Advocate For the Respondent/s :

Mr.Rajeshwar Singh (GA10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-12-2022 The petitioner has prayed for the following relief/s :-

Patna High Court CWJC No.22237 of 2019(2) dt.13-12-2022 2/3 After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to respondent No.5, namely, the Civil Surgeon-cum-the Member Secretary, District Health Society, Aurangabad (Bihar), venting out the grievances, subject-matter of the present petition.

Prayer allowed. Liberty, as prayed for, is granted. Without expressing any opinion on merits, leaving all

Patna High Court CWJC No.22237 of 2019(2) dt.13-12-2022 3/3 questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid.

We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its presentation.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/Sujit U