Subh Bharti Emergency Hospital v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4241 of 2022 ====================================================== Subh Bharti Emergency Hospital Bypass Road, Rajouli, District-Nawada805125 through its Proprietor, Dr. Subhash Chandra Bose, aged about 47 Years (Male), S/o Ramji Rajak, R/o Village-Dayalpur,Dayalpur, Bargaon, Nalanda, Silao Nalanda, Bihari-803111.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Health Deptt. Patna. 2.

The Civil Surgeon Cum Chief Medical Officer, Nawada. 3.

The Additional Chief Medical Officer, Nawada. 4.

The Officer in Charge, Rajauli Police Station, Rajauli Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Roona, Advocate For the Respondent/s :

Mr.Ajay Behari Sinha (GA 8) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-05-2022 Petitioner has prayed for the following relief(s): "(i) Issuance of an order/direction/ appropriate writ commanding the Respondents to unseal the Petitioner's Hospital which has been sealed unauthorizedly on 08.08.2019 on written complaint of Respondent Additional Chief Medical Officer dated 08.08.2019 on vague charges under Section 18(c) of Drug and Cosmetic Act, 1945 and other unspecified Rules. (ii) Any other other/orders for which the petitioner is found entitled to in the facts and circumstances of the present case."

Patna High Court CWJC No.4241 of 2022(2) dt.05-05-2022 2/2 After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U