High Court Patna High Court - Orders

Mrs.Ahilya Devi vs The State Of Bihar &Amp; Ors on 4 February, 2011

Patna High Court – Orders
Mrs.Ahilya Devi vs The State Of Bihar &Amp; Ors on 4 February, 2011
                     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
                                                -----------

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
2

withdrawn with the aforesaid liberty.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.)