Megindia Medical Supplier v. The State of Meghalaya and Anr

Serial No. 04 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG

WP(C) No. 215 of 2024

Date of Decision: 26.06.2024

MEGINDIA MEDICAL SUPPLIER, Through its proprietor (i.e. Mr. Rakesh Giri) Having its registered address at Fancy Valley, Tura, West Garo Hills, Meghalaya, Pin-794001.

… Petitioner(s) -Vs-

¶1The State of Meghalaya, Represented by its Commissioner and Secretary, Department of Health Shillong, Meghalaya.

¶2Tura Civil Hospital, Through its Superintendent, Tura West Garo Hills, Meghalaya.

… Respondent(s)

Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge

Appearance: For the Petitioner(s)

: Mr. K. Paul, Sr. Adv. with

Mr. C. Garg, Adv.

Mr. S. Chanda, Adv.

For the Respondent(s)

: Mr. A. Kumar, AG with

Ms. A. Thungwa, GA

___________________________________________________________

i) Whether approved for reporting in

Law journals etc.:

ii) Whether approved for publication in press:

(ORAL)

1.

Today, Mr. A. Kumar, the learned Advocate General has produced two communications; (i) from the Secretary to the Govt. of Meghalaya, Health & Family Welfare, Department, addressed to the Medical Superintendent, Tura Civil Hospital, whereby it has been stated that as the State respondents have decided to pursue appeal, the said Medical Superintendent has been instructed to withdraw the order No. TCh/WGR/MRI/115/ Pt-1/23/2436, dated 7th of June, 2024, until completion of legal proceedings. A copy of the letter is reproduced hereinbelow:- "GOVERNMENT OF MEGHALAYA HEALTH & FAMILY WELFARE DEPARTMENT

No. Health 65/2012/Pt.1/491 Dated Shillong the 25th June, 2024

From: Shri Ramkumar S, IAS,

Secretary to the Govt. of Meghalaya

Health & Family Welfare Department.

To : Dr. Inbert Ch. Marak,

Medical Superintendent,

Tura Civil Hospital.

Sub: Court Case WPC No. 133 of 2024.

Sir,

With reference to the subject cited above, I am directed to inform you that the Government had decided to appeal the High Court Judgment and Order dated 20th of May, 2024 on legal grounds. You are hereby informed to withdraw the order No. TCh/WGH/MRI/115/Pt-1/23/2436, dated 7th of June, 2024 until the completion of these legal proceedings. Status quo may be maintained on it.

You are also directed not to issue any orders or conduct proceedings on this matter until the finalization of this legal matter and further orders from the Department.

Yours faithfully,

Sd/-

Secretary to the Govt. of Meghalaya

Health & Family Welfare Department"

¶2The second communication which has been issued by the Superintendent, Tura Civil Hospital pursuant to the letter shows that the Notice No. TCH/WGH/MRI/115/Pt-1/23/2436, Dated Tura the 7th June, 2024 stands cancelled. For the sake of convenience, the said letter is reproduced hereinbelow:- "GOVERNMENT OF MEGHALAYA OFFICE OF THE SUPERINTENDENT, TURA CIVIL HOSPITAL WEST GARO HILLS, TURA

No. TCH/WGH/Tender/MRI/Pt.1/06/2998, Dated Tura the 25th June, 2024

NOTICE

Due to ongoing appeal in the Hon'ble High Court of Meghalaya, Shillong Vide W/A No. 29 of 2024, Date of order 06.06.2024, on the Tender No. TCH/WGH/Tender/MRI/Pt.1/17684, Dated Tura 3rd October,

2023, matter, the NOTICE No. TCH/WGH/MRI/115/Pt-1/23/2436, Dated Tura the 7th June, 2024 stands Cancelled.

Sd/-

Jt. DHS cum Superintendent

Tura Civil Hospital

West Garo Hills, Tura"

¶3In view of these developments, nothing remains for consideration in the instant application, as the Notice cancelling the Tender, has been withdrawn. Copies of the communications are taken on board and made part of the record.

¶4For the reasons stated above, this matter stands closed and is accordingly disposed of.

JUDGE

Meghalaya

26.06.2024

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