Jan Pragati Sansthan vs The State Of Bihar & Ors on 19 January, 2016

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Patna High Court

Jan Pragati Sansthan vs The State Of Bihar & Ors on 19 January, 2016

Bench: Vikash Jain

     IN THE HIGH COURT OF JUDICATURE AT PATNA

             Civil Writ Jurisdiction Case No.6254 of 2014
===========================================================
JAN PRAGATI SANSTHAN, SABALBIGHA, SIKANDRA JAMUI, BIHAR
THROUGH ITS SECRETARY MAHENDRA PASWAN S/O LATE BHUSHAN
PASWAN RESIDENT OF VILLAGE - JASIDIH, P.O. - LACHHUAR, P.S. -
SIKANDRA, DISTRICT - JAMUI

                                                     .... ....   PETITIONER
                               VERSUS

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
2. THE PRINCIPAL SECRETARY, HEALTH DEPARTMETN, GOVERNMENT
OF BIHAR, PATNA
3. DISTRICT HEALTH SOCIETY, NAWADA THROUGH ITS PRESIDENT-
CUM-DISTRICT MAGISTRATE, NAWADA
4. THE DISTRICT MAGISTRATE-CUM-PRESIDENT, DISTRICT HEALTH
SOCIETY, NAWADA
5. THE CIVIL SURGEON-CUM-SECRETARY, DISTRICT HEALTH SOCIETY,
NAWADA

                                                   .... .... RESPONDENTS
===========================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kishore Verma,Advocate

For the Respondent/s : Mr. RAJESH SINGH
===========================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 19-01-2016

         Heard learned counsel for the petitioner and learned

   counsel for the respondents.

         2. The present writ petition has been filed for a direction

   to the respondents for making payment of the admitted dues

   amounting     to    Rs.    14,47,445.23      in      connection      with

   operationalising and carrying on the       Nutritional Rehabilitation

   Centre in the District Hospital, Nawada, Bihar pursuant to a

   contract/MOU dated 19.07.2012 along with interest; and also for
 Patna High Court CWJC No.6254 of 2014 dt.19-01-2016                        2




        renewal of the contract/MOU on terms contained therein.

                 3. At the very outset, learned counsel for the petitioner

        states that a copy of the counter affidavit has served upon him,

        according to which Cheque No. 227276 dated 27.11.2014 for an

        amount Rs.11,82,197/- has been paid to the petitioner in his

        Bank account. It is however submitted that          even so, there

        would       still remain some outstanding amount       due   to the

        petitioner.      It is further stated that the Respondents had been

        requested        to renew the contract/MOU dated 19.07.2012 to

        which the petitioner is entitled in terms of Part II thereof,

        especially in the backdrop of the report of the SHSB/DHS with a

        recommendation in the petitioner's favour.      It is further stated

        that the petitioner has since filed a representation dated

        20.09.2013

for such renewal, but there is inaction on the part of the respondents in this regard.

4. Learned counsel for the respondents submits that as far as admitted dues are concerned, the same have already been paid to the petitioner as stated in the counter affidavit.

5. Having heard the parties and on consideration of the materials on record, the writ petition is disposed of, with liberty granted to the petitioner to file a fresh representation before the Civil Surgeon-cum-Secretary, District Health Society, Nawada (Respondent No. 5) with regard to remaining claim of dues for the work done along with interest as well as for renewal of the Patna High Court CWJC No.6254 of 2014 dt.19-01-2016 3 contract/MOU. If any such representation is filed, within a period of two weeks from today the Respondent No. 5 shall consider and dispose of the same within a period of eight weeks thereafter in accordance with law after granting an opportunity of hearing to the petitioner.

6. The writ petition stands disposed of.

(Vikash Jain, J) Chandran U

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