Dr. Ashok Kumar Porwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4953 of 2021 ====================================================== Dr. Ashok Kumar Porwal S/o Dr. Shiv Prasad Porwal, R/o Ram Das Gupta path, Laheri Tola, Jagdishpur, P.S.-Tatarpur, Dist.-Bhagalpur, Bihar-812002. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Sectetary, Health Department, Patna.
2.
The Director-in-Chief, Health Service, Bihar, Patna. 3.
The Drug Inspector, Bhagalpur.
4.
The Superintendent of Police Bhagalpur.
5.
The Officer-in-Charge (SHO), Tatarpur, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar, Adv For the Respondent/s :
Mr. S. D. Yadav (AAG-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 25-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
This application has been filed seeking direction to the respondents to pay compensation to the tune of Rs. 7,91,618/- which is the loss caused to him because of illegal seizure of homeopathy medicines in connection with Tatarpur P.S. Case No. 125/2016.
It is the petitioner's case that the potency of said
Patna High Court CWJC No.4953 of 2021(2) dt.25-01-2022 2/2 medicines had expired during the period of seizure which has caused huge loss to the petitioner.
In our opinion, this writ application filed under Article 226 of the Constitution of India, seeking compensation on the ground mentioned above, is wholly misconceived and is accordingly dismissed. Writ jurisdiction is not the appropriate remedy for the petitioner to claim compensation on the aforesaid ground.
This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U