Patna High CourtCWJC/20193/2018withdrawn

Dr. Md. Faijul Hassan And ORS v. The State Of Bihar And ORS

2018-11-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20193 of 2018 ======================================================

1. Dr. Md. Faijul Hassan Son of late Md. Abdul Hakim Resident of Village- Balwa, Ward No. 14, P.S. Amdabad, District- Katihar, At Present Operator of Salmari sonoscan Centre Having its Registration No. 57/2015, College Road Salmari, P.S. Azam Nagar, (O.P. Salmari), District- Katihar.

2. Dr. Md. Razaul Haque Son of Mahboob Alam Resident of VillageAlpokher, P.S. Balia Belown, District- Katihar, At Present Operator of Dr. Haque Rahela Ultrasound Clinic having its Registration No. 68/2017 at Haque Complex, College Road, Salmari, P.S. Azam Nagar (O.P. Salmari) District- Katihar.

3. Dr. Quazi Moonir Nazami Son of late Quazi Matiur Rahman Resident of Village- Pindhal, P.S. Azam Nagar, (O.P. Salmari), District- Katihar, At Present Operator of Makhdum Asaraf Ultrasound having its Registration No. 59/2015, Resident of Village- Birnagar, P.S. Balrampur, District- Katihar.

4. Dr. Md. Hasibur Rahman Son of Md. Ataur Rahman Resident of Village-Baghwa P.S. Balia Belown, District- Katihar, At Present Operator of Jagnu Ultrasound having having its Registration No. 56/2015, at Barsoi, P.S. Barsoi, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health Government of Bihar, Patna.

2. The Under Secretary Department of Health, Government of Bihar, Patna.

3. The Executive Director, Bihar Health Society, Bihar, Patna.

4. The Additional Director, Bihar Health Society, Bihar, Patna.

5. The State Programme Officer, P.C. & P & DT, NOHP, NPPCD & NPPCF State Health Society, Bihar, Patna.

6. The Regional Additional Director, Health Services, Purnia Division, Purnia.

7. The District Magistrate, District- Katihar.

8. The Civil Surgeon-Cum-Chief Medical Officer, Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Nurul Hoda For the Respondent/s : Mr. Birju Prasad -Gp13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2018 After some arguments, the learned counsel for the petitioners seeks liberty to withdraw the present writ petition with

Patna High Court CWJC No.20193 of 2018 (2) dt.22-11-2018 2 /2 liberty to file an appeal under Section 21 of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 against the order dated 27.9.2018 passed by the Civil Surgeon cum Chief Medical Officer, Katihar.

In view of the aforesaid, the present writ petition is disposed of as withdrawn with the aforesaid liberty and in case an appeal is filed within a period of two weeks from today, the appellate authority shall decide the same within a period of eight weeks thereafter.

(Mohit Kumar Shah, J) BTiwary/- U