IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7342 of 2009 SANJIV KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Banwari Sharma, Sunil Kumar Jha, For the State : JC to SC 18 For the Society : Mrs. Binita Singh, Advocate (Respondent nos.2 and 3) 3 16.7.2009 Heard counsel for the petitioner and the State as well as learned counsel appearing on behalf of the Bihar Health Society. The petitioner is aggrieved by order dated 17.6.2009 passed under the signature of respondent no.4 whereby he was directed to stop his work and to remove his X-ray machine from the hospital premises. The petitioner submits that by order dated 22.10.2008, as contained in Annexure-1 he was asked to execute the agreement by the Civil Surgeon cum Member Secretary, District Health Society for establishing a X-ray unit in the hospital. Consequently an agreement was executed which is contained in Annexure-2 and by Annexure-3 certain conditions were imposed by the respondent no.3 in matter of running the X-ray unit. The grievance of the petitioner is that without issuing notice or show cause he was asked to stop the work and to remove the X-ray machine from the hospital premises within three days. A counter affidavit has been filed on behalf of the District Magistrate, Khagaria and in paragraph 5 it has been stated that the petitioner was selected for installing X-ray machine in the Khagaria - 2 - KHAN hospital by the Civil Surgeon, Khagaria without approval from the State Health Society/District Health Society and that too without observing tender procedure as prescribed in the Bihar Financial Rules. The aforesaid submission as contained in Annexure-5 has been refuted by counsel for the petitioner as incorrect. Counsel for the State Health Society submits that a decision was already taken in the year 2006 to allow IGE Medial Systems to install X-ray and other equipments in a phase manner. After hearing counsel for the parties, this court is of the considered opinion that if the petitioner files a representation raising all his grievance before the Administrative Officer, State Health Society, Bihar, he will pass a reasoned order preferably within two weeks from the date of filing of the same. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)