Deepak Sri Foundation vs The State Of Bihar
2023 Latest Caselaw 33 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.22980 of 2019
     ======================================================

Deepak Sri Foundation through its Secretary Sri Rajeshwar Roy, aged about 54 years, Regd Office, Rekab ganj, Patna City, P.S.-Malsalami, Dist.-Patna.

... ... Petitioner/s

Versus

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

2. The Director-in-Chief, Health Services, Bihar, Patna.

3. The Executive Director, State Health Society, Bihar, Patna.

4. The District Magistrate-cum-Chairman, District Health Society, Madhubani.

5. The Civil Surgeon-cum-Member Secretary,l District Health Society, Madhubani.

6. Deputy Superintendent, Sub-Divisional Hospital, Jhanjharpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar, Advocate For the Respondent/s : Mr. Mujtabaul Haque (GP2) Mr. Vasant Vikas, A.C. to GP12 For the Respondent no.3 : Mr. K.K.Sinha, Advocate Mr. Shashi Shekhar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-01-2023 Petitioner has prayed for the following reliefs(s):

"(i) That this is an application for issuance of an appropriate writ/writs direction or order commanding and directing the respondents to make payment of remaining withheld amount of Rs. 12,14,893/- for the period March 2018 to February 2019 for supply of generator service in Sub-divisional hospital Jhanjharpur in Madhubani district.

In view of District Health Society, Madhubani Memo no. 676 dated 31.03.2014 the petitioner Patna High Court CWJC No.22980 of 2019 dt.02-01-2023

has been supplying generator service continuously and the office of respondent has certified the claim of petitioner but even then the respondent had paid only part claim." In view of the fact that Bihar Public Works Dispute

Arbitration Tribunal is now functional, learned counsel for the

petitioner, under instructions, seeks permission to withdraw the

present petition with liberty to take recourse to such other

appropriate remedies, as are otherwise available, in accordance

with law.

Permission granted.

As and when any such request is made by the

petitioner before the Tribunal, the same shall be considered and

decided expeditiously.

The petition stands disposed of as withdrawn with the

liberty aforesaid.

Interlocutory application(s), if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Saurabh/K.C.Jha AFR/NAFR CAV DATE Uploading Date 04.01.2023 Transmission Date