Patna High Court
Medipol Pharmaceutical India ... vs The State Of Bihar on 23 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13800 of 2018
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Medipol Pharmaceutical India Private Limited having its registered office at
128/5 Swiss House, Vishwas Nagar, Delhi 110032 and having through its
authorized signatory and representative namely Binod Kumar Mandal, Son of
Sri Gauri Shankar Mandal Resident of Village- Kendua Lewar, Post Office-
Jhajha, Chain, Police Station- Sono, District- Jamui, Bihar, Pin No. 811308
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health
and Family Welfare, Government of Bihar, Vikas Bhawan, New Secretariat,
Patna.
2. The Bihar Medical Services and Infrastructure Corporation Limited through
its Managing Director, Department of Health, Government of Bihar, 5th
Biscomaun Bhawan, Gandhi Maidan, Patna-800001.
3. The Managing Director, the Bihar Medical Services and Infrastructure
Corporation Limited through its Managing Director, Department of Health,
Government of Bihar, 5th Biscomaun Bhawan, Gandhi Maidan, Patna-
800001.
4. The General Manager (F and A), the Bihar Medical Services and
Infrastructure Corporation Limited through its Managing Director,
Department of Health, Government of Bihar, 5th Biscomaun Bhawan,
Gandhi Maidan, Patna-800001.
5. The General Manager (Procurement) the Bihar Medical Services and
Infrastructure Corporation Limited through its Managing Director,
Department of Health, Government of Bihar, 5th Biscomaun Bhawan,
Gandhi Maidan, Patna-800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the State : Mr. Kamlesh Kishore, AC to SC-12
For the BMSIL : Mr. Vikash Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
Patna High Court CWJC No.13800 of 2018 dt.23-03-2023
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 23-03-2023
None appears for the petitioner.
2. In the instant petition, petitioner has prayed
for following reliefs:-
"i) To issue a Writ in the nature
of Certiorari for quashing the show cause
notice dated 15.06.2018 having been served
upon the petitioner on 21.06.2018.
ii) To any other relief or reliefs
to which the petitioner is entitled in the facts
and circumstances of the case."
3. Petitioner has assailed the show cause notice.
Show cause notice cannot be entertained in the writ petition in
the absence of ingredients, like it is in violation of any statute
or rules or in the event of issuance of show cause notice by an
incompetent authority. Both the ingredients are not
forthcoming in the present petition. Therefore, petitioner has
not made out a case so as to interfere with the show cause
notice.
4. Accordingly, the present petition stands
dismissed reserving liberty to the petitioner to file his say on
the show cause notice within a period of two weeks from
today. Thereafter, the concerned authority is hereby directed
to pass speaking order and communicate the same within a
Patna High Court CWJC No.13800 of 2018 dt.23-03-2023
reasonable period of time.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 28.03.2023
Transmission Date N.A.
