Patna High Court
Gyan Bharti Shikshan @ ... vs The State Of Bihar on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4855 of 2022
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Gyan Bharti Shikshan @ Prashikshan Sansthan, Jagdish Lok Apartment, West
Boring Canal Road, Patna-800001 through its Secretary Ashok Kumar Singh
Male, aged about 52 Years, S/o Chandrama Singh, R/o Flat No. 201, Pratap
Palace Apartment, Krishi Nagar, A.G. Colony, Near Krishi Nagar Shiv
Mandir, Ward No.5, Phulwari, Patna, Bihar-800025.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Bihar.
2. The Director-in-Chief, Health Service, Bihar, Patna.
3. The Executive Director, State Health Society, Bihar, Patna.
4. The Civil Surgeon-Cum-Secretary, District Health Society, Rohtas, Sasaram.
5. The District Magistrate, Rohtas.
6. The In-Charge Medical Officer, Community Health Center Chenari, Referral
Hospital Nauhatta, Primary Health Center kargahar, primary Health Center
Rohtas, Primary Health CenterNokha, Additional Primary Health Center
Barhari (Karghar), Additional Primary Health Center Baraun (Nokha) and
Primary Health Center Kochas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suman Kumar, Advocate
For the Respondent/s : Mr. Rajeshwar Singh, GA 10
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 13-05-2022
Petitioner has prayed for the following relief(s):-
"(i) For issuance of an appropriate writ/writs,
direction in the nature of mandamus directing and
commanding the respondents to extend the
Patna High Court CWJC No.4855 of 2022 dt.13-05-2022
agreement for outsourcing service for generator
power, cleanliness and other works for Community
Health Center Chenari, Referral Hospital Nauhatta,
Primary Health Center Kargahar (Upgraded to
Community Health Center), Primary Health Center
Rohtas, Primary Health Center Nokha, Additional
Primary Health Center Barhari (Karghar),
Additional Primary Health Center Baraun (Nokha)
and Primary Health Center Kochas for further 3
years. An agrement was entered into vide Memo No.
72 dated 23.01.2020, and the petitoiner has been
performing work with full satisfaction to the
respondent.
(ii) further for issuance of an appropriate
writ/writs for a direction to quash Memo No. 177
dated 11.02.2021 issued by the respondent Civil
Surgeon-cum-Member Secretary, District Health
Society, Rohtas by which the respondents have
denied to extend the period of agreement.
The respondents have denied to extend
the agreement on the ground that the organisation
was blacklisted for a period of 6 months by District
Health Society, Gopalganj and the blacklisting
period of 6 months was over on 28.10.2020. In a
similar case, one M/s Brajesh Kumar whose
organisation was also blacklisted for 6 months and
after the completion of 6 months they extended its
agreement but in present case they are mum.
(iii) Further for issuance of a direction to the
respondents to dispose of representation of petitioner
according to law.
(iv) For any other appropriate writ or direction
for which the petitioner is entitled to get.
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
Patna High Court CWJC No.4855 of 2022 dt.13-05-2022
accordance with law.
Prayer allowed. Liberty, as prayed for, is granted.
Without expressing any opinion on merits, leaving all
questions of fact and law open, the present petition is disposed
of as withdrawn with the liberty aforesaid.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 17.05.2022
Transmission Date
