Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11789 of 2023 ====================================================== Arun Kumar Singh S/o Lakshmi Narayan Singh, Resident of Village-Kadipur, Post Nagara, Near Hindustan Petrol Pump, Kadipur, District-Saran ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Chief Director, Health Services, Govt. of Bihar, Patna. 4.

The Executive Director, Health Services, Govt. of Bihar, Patna. 5.

The Collector, District-Saran.

6.

The Additional Collector, District-Saran.

7.

The Civil Surgeon cum the Chief Medical Officer, District-Saran. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Raj Kumar Mishra, Adv.

For the Respondents :

Mr.Birju Prasad, GP XIII with M/s Ajit Anand & Shresta Anand, AC to GP XIII ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-04-2024 Heard the learned counsel for the parties.

2. This Court vide order, dated 10.11.2023, has directed unsealing the premises, a second supplementary counter affidavit has been filed on behalf of respondent no. 5 stating that pursuant to the order passed by this Court, the premises of the petitioner has been unsealed. Further it is stated that in case the petitioner gives an undertaking to the effect that he will not use the ultra sound machine for prenatal sex determination test the petitioner would be allowed to use the machine as he is having a valid license till 02.10.2026 vide Renewal Registration No. 49/2020-21.

Patna High Court CWJC No.11789 of 2023(7) dt.09-04-2024 2/2

3. Having regard to the above made submissions by the respondents, the petitioner is directed to file an undertaking before the authority concerned stating that he will not use the ultra sound machine for any illegal purpose or for the purpose of conducting any prenatal sex determination test within a period of two weeks from the date of receipt of a copy of this order. On such undertaking being made the authorities are directed to unseal the machine if they are already sealed and permit the petitioner to use the machine as per terms and conditions of the license. In case the authorities find that the petitioner is conducting any illegal activities, they are free to take necessary action strictly in accordance with law.

4. With the above directions, the Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U