IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7547 of 2011 M/S AL-HELAL EDUCATION TRUST THROUGH ITS EXECUTIVE DIRECTOR-CUM- CHAIRMAN ASHRAF KHAN S/O SRI RAMZAN KHAN, R/O MOH: KACHISARAI, P.S.- MITHANPURA, DISTRICT-MUZAFFARPUR. ….. PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE EXECUTIVE DIRECTOR, STATE HEALTH SOCIETY PARIWAR KALYAN BHAWAN, SHEIKPURA, PATNA. 4. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT SOCIETY, EAST CHAMPARAN, MOTIHARI. 5. THE CIVIL SURGEON CUM SECRETARY, DISTRICT SOCIETY, EAST CHAMPARAN, MOTIHARI. 6. THE DEPUTY SUPERINTENDENT, SADAR HOSPITAL EAST CHAMPARAN, MOTIHARI. …… RESPONDENTS. ----------- For the petitioner : M/s. Md. Nadim Seraj & Shailesh Kumar, Advocates. For the State : Mr. Ashok Kumar Chaudhary, S. C. 13 Mr. Anil Kumar Tiwary, A. C. to S. C. 13. --------- 02/ 20.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to pay the entire dues amount of the petitioner along with statutory interest which remained due in several heads for the works and services rendered by the petitioner, such as cleanliness of hospital, laundry services, pantry (kitchen) services, running and maintenance of generator services including fuel and apparatus and maintenance of hospital campus in the 16 Government hospitals of the district of East Champaran during the period 2007 to 2011 and also for directing the respondents to compensate the petitioner in reference to order dated 03.09.2010 - 2 - by which the Civil Surgeon-cum- Secretary, District Health Society, East Champaran directed to remove the established infrastructure, such as High Power Generators, Automatic Cleaning Machines within three days without clearing Rs.38.74 lacs which is the amount due to the petitioner and for other ancillary reliefs. 3. Considering the entire facts and circumstances of the case as well as the materials on record and the averments made by learned counsel for the parties, this writ petition is disposed of with a liberty to the petitioner to move before the Civil Surgeon-cum- Secretary, District Health Society, East Champaran, Motihari (respondent no.5) along with a detailed application raising all the issues and grounds taken in this writ petition. If such an application is filed within 15 days, the said authority shall decide the same within two months thereafter and shall pay the entire admitted amount of dues and interest immediately thereafter. However, if any amount is not found payable and due in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum, if aggrieved. Sunil (S. N. Hussain, J.)