Disposed

Jan Prerna Voluntarily Unit v. The State Of Bihar and Ors.

Patna HC9 Jul 2014CWJC/14309/2013

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What is this about?

In a writ petition seeking payment of unpaid bills, the court directed the State Health Society to decide the admissibility of the claim within four months. In the absence of petitioner's appearance and counter-affidavit from respondents, the court refused to adjourn and disposed of the application by this direction.

What did the court decide?

Directing the State Health Society to decide the admissibility of the petitioner's claim and, if payable, to make payment, or disclose reasons for rejection within four months.

Jan Prerna Voluntarily Unit Vs The State Of… — Public Procurement and Tenders | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14309 of 2013

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====================================================== Jan Prerna ( Voluntarily Unit) Through Its Secretary Santosh Kumar Son Of Sharma Chandrashekhar Upadhyay Resident Of Mohalla - Krishnapatti, P.S. And District Jamui

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.... .... Petitioner/s

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Versus

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1. The State Of Bihar 2. The Principal Secretary, Health Department, Bihar, Patna 3. The Secretary-Cum-Executive Director, Health Department, Bihar, Patna

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1. The State Health Society, Bihar, Patna 5. The District Magistrate, Aurangabad

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The Chairman, District Health Society, Aurangabad

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The Civil Surgeon-Cum-Secretary, District Health Society, Aurangabad 8. The Medical Officer-In-Charge, Primary Health Centre, Kutumba, Dist. Aurangabad 9. The In-Charge Medical Officer, Primary Health Centre-Cum-Referral Hospital , Kutumba, Dist. Aurangabad 10. The Block Education Officer, Kutumba, Aurangabad .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Nivedita Nirvikar, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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4 09-07-2014 No one appears for the petitioner. Counsel for the State is present.

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In this case, a prayer has been made for payment of bill of Rs. 2,47,500/- which is claimed to be not only payable but also remaining unpaid since 16.5.2011.

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No counter affidavit has been filed in this case despite expiry of a period of almost one year.

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In the facts and circumstances of this case, this Court

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Patna High Court CWJC No.14309 of 2013 (4) dt.09-07-2014

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without going into merit of such claim of the petitioner would simply direct the concerned authority of the State Health Society to take a final decision as with regard to the admissibility of such claim of the petitioner and, if the amount claimed by the petitioner is found payable and thus admitted, its payment should also be made to the petitioner. On the other hand, if the amount is not found payable and, thus not admitted, the respondents would be under obligation to disclose reasons for the same to the petitioner.

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This exercise, however, must be completed by the competent authority of State Health Society within a period of four months from the date of receipt/production of a copy of this order.

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With the aforementioned observation and direction,

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this application is disposed of.

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(Mihir Kumar Jha, J)

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Rishi/-

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Jan Prerna Voluntarily Unit v. The State Of Bihar and Ors.

Case brief

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Jan Prerna Voluntarily Unit v. The State Of Bihar and Ors.

Case brief

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