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MEGINDIA MEDICAL SUPPLIER v. THE STATE OF MEGHALAYA AND ANR.

Court: High Court of Meghalaya

Bench: HON'BLE MR. JUSTICE H. S. THANGKHIEW

Judgment date:

Case summary

High Court of Meghalaya judgment dated 2024-06-26. MEGINDIA MEDICAL SUPPLIER v. THE STATE OF MEGHALAYA AND ANR. Read the judgment and case details on...

Judgment text

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- 1. The State of Meghalaya, Represented by its Commissioner and Secretary, Department of Health Shillong, Meghalaya. 2. Tura 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 Yes/No Law journals etc. : ii) Whether approved for publication in press: Yes/No (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. th TCh/WGR/MRI/115/ Pt-1/23/2436, dated 7 of June, 2024, until completion of legal proceedings. A copy of the letter is reproduced hereinbelow:- “GOVERNMENT OF MEGHALAYA HEALTH & FAMILY WELFARE DEPARTMENT th No. Health 65/2012/Pt. 1/491 Dated Shillong the 25 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 th Judgment and Order dated 20 of May, 2024 on legal grounds. You are hereby informed to withdraw the order No. TCh/WGH/MRI/115/Pt-th 1/23/2436, dated 7 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” 2. The second communication which has been issued by the Superintendent, Tura Civil Hospital pursuant to the letter shows that the th Notice No. TCH/WGH/MRI/115/Pt-1/23/2436, Dated Tura the 7 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 th No. TCH/WGH/Tender/MRI/Pt. 1/06/2998, Dated Tura the 25 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 rd Tender No. TCH/WGH/Tender/MRI/Pt. 1/17684, Dated Tura 3 October, 2023, matter, the NOTICE No. TCH/WGH/MRI/115/Pt-1/23/2436, Dated th Tura the 7 June, 2024 stands Cancelled. Sd/- Jt. DHS cum Superintendent Tura Civil Hospital West Garo Hills, Tura” 3. In 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. 4. For the reasons stated above, this matter stands closed and is accordingly disposed of. JUDGE Meghalaya 26. 06.

2024 Digitally signed by VALENTINO VALENTINO LYNDEM Date: 2024. 06. 26 LYNDEM 16:15:07 +05'30' Powered by TCPDF (www. tcpdf. org)Powered by TCPDF (www. tcpdf. org)

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.