Central Council Of Indian Medicine, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14308 of 2009 ====================================================== Central Council of Indian Medicine, 61-65, Institutional Area Janakpuri, New Delhi Through its Secretary Vaidya Prem Raj Sharma. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Health and Family Welfare, Vikas Bhawan, New Secretariat, Patna - 800015. 2.

Ministry of Ayush, Government of India, New Delhi through its Secretary. 3.

The Registrar, State Council of Ayurvedic and Unani Medicine, Kadam Kuan Patna 800003 (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ray Saurabh Nath, Advocate For the Respondent/s :

Dr. K.N.Singh, A.S.G.

Mr. Kumar Priya Ranjan, C.G.C.

Mr. Sriram Krishna, J.C. to A.S.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-11-2021 Petitioner has prayed for the following relief(s):- "For issuance of appropriate writs/orders/directions in the nature of DECLARATION that provisions of the 'Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951' (Act No. 31 of 1951) are ultravires inconsistent and contrary to the provisions of central legislation, namely, the 'India Medicine Central Council Act, 1970 (Act No. 48 of 1970) as repugnant and hence void; and for allied relief prayed for herein. "

After the matter was heard for some time, learned

Patna High Court CWJC No.14308 of 2009(9) dt.18-11-2021 2/2 counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to file a fresh petition, on the same and subsequent cause of action, if so required and desired.

Permission granted with liberty, as prayed for. Present petition stands dismissed as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini U