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High Court Of ChhattisgarhWPS/4455/2018allowed

Ku. Jamuna Shori v. State Of Chhattisgarh

2018-07-30Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4455 of 2018 Ku. Jamuna Shori D/o Shri Halalkhor, Aged About 28 Years R/o Village And Post Dugli, Tahsil Nagri District Dhamtari Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

2. Director, Health Services, Directorate Of Health Service , Department Of Health And Family Welfare Government Of Chhattisgarh, Indrawati Bhawan New Raipur District Raipur Chhattisgarh.

3. Chief Medical And Health Officer , Office Of C M H O , District Gariyaband Chhattisgarh.

4. Block Medical Officer, Community Health Center Mainpur, District Gariyaband Chhattisgarh.

---- Respondents For the Petitioner :

Shri Sangeet Kumar Kushwaha, Advocate For the State :

Shri R.K. Gupta, Dy. Advocate General Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. Deputy Advocate General adopted the reply of the writ petition filed in W.P.(S) No. 4254 of 2018.

3. In para No. 7 of the reply it has been stated that the impugned order Annexure P/1 dated 05/06/2018 is nonest, ab initio and cannot be sustained. In para No. 9 the averment is that the instant petition be disposed of with liberty to the answering respondents to reach to a final conclusion after adherence to the principles of natural justice, opportunity of hearing etc. to the petitioner or such directions,

observation etc. as deemed fit by the Hon'ble Court.

4. Counsel for the petitioner is agreed that the instant writ petition may be disposed of in the light of the averments of para Nos. 7 and 9 of the reply of the respondents.

5. Looking to the above mentioned facts and circumstances of the case, Annexure P/1 dated 05/06/2018 is set-aside with liberty to the respondents to give a final conclusion after adherence to the principles of natural justice, opportunity of hearing etc. to the petitioner.

6. With this direction the instant writ petition is disposed of. Sd/- (Sharad Kumar Gupta) Judge Kamde