IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.928 of 2011
MRS.AHILYA DEVI, W/O SRI SUCHINDRA MAHTO,
RESIDENT OF WARD NO.4, TOWN & P.S. MADHEPURA,
DISTRICT MADHEPURA (BIHAR)........PETITIONER.
Versus
1. THE STATE OF BIHAR, THROUGH PRINCIPAL
SECRETARY DEPARTMEWNT OF HEALTH, GOVT.
OF BIHAR, AT PATNA.
2. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN
DISTRICT HEALTH SOCIETY, AT MADHEPURA
(BIHAR).
3. THE CIVIL SURGEON-CUM-MEMBER SECRETARY
DISTRICT HEALTH SOCIETY, AT MADHEPURA
(BIHAR).
4. MR. JAI PRAKASH SINGH (B.A.S.), SENIOR DEPUTY
COLLECTOR - CUM- INCHARGE OF
RADIOLOGY/PATHOLOGY , BIHAR AT PATNA
5. THE MANAGER, IGE MEDICAL SYSTEMS 703,
JAGAT TRADE CENTRE, FRASER ROAD, PATNA-1
......RESPONDENTS.
For the petitioner : Mr. Bhola Bhai Desai, Advocate.
For the respondents : Mr. Shankar Kumar Thakur, AC to SC-4
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03/ 04.02.2011 Heard learned counsel for the petitioner and learned
counsel for the respondents State of Bihar and its authorities.
Learned counsel for the petitioner seeks permission
to withdraw this writ petition in order to approach IGE Medical
Systems for reconsideration of their impugned direction dated
24.11.2010 (Annexure-3) by which petitioner was directed to
vacate the premises of X-ray centre and hand over possession of
the same to IGE Medical Systems, Patna within seven days
positively to enable them to install another X-ray machine to
offer services and facilities to the ailing patients of the society as
per their contract with SHSB, Patna.
Accordingly, this writ petition is disposed of as
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withdrawn with the aforesaid liberty. However, if the petitioner
files a representation before the authority of IGE Medical
Systems, Patna along with a copy of this order, they shall decide
the same within one month thereafter. Till then no coercive
action shall be taken against the petitioner. However, if the
petitioner is aggrieved by any action/direction of the said IGE
Medical Systems, she will be at liberty to take recourse to the
provisions of Arbitration as mentioned in Clause 17 of their
Specific Task Contract dated 29.06.2007 (Annexure-1).
Harish (S.N. Hussain, J.)