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Patna High CourtCWJC/24329/2018disposed

Pappoo Kumar Singh v. The State Of Bihar

2020-01-07The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24329 of 2018 ====================================================== Pappoo Kumar Singh S/o Sri Shailendra Prasad Singh R/o VillageMattharahi, Sher, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through its Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

2.

The Drug Controller, Government of Bihar, New Secretariat, Patna. 3.

The Economic Offence Unit, Bihar, Patna.

4.

The Union of India, through its Secretary, Health, Government of India, Central Secretariat, New Delhi.

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

For the Petitioner/s :

Mr.Alka Verma For the State :

Mr. Anshuman Singh, AC to AG For UOI :

Mr. S.D. Sanjay, Addl. S.G.

Mr. Anshuman Singh, CGC Mrs. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 14.12.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "A-For issuance of a direction, order, or writ, including writ in the order of mandamus commanding the respondents to take appropriate action against all the Pharmacist who are

Patna High Court CWJC No.24329 of 2018(2) dt.07-01-2020 2/3 working at more than one medical shop as a registered Pharmacist.

B-For a direction to the respondents to cancel the registration of those pharmacist who are working in more than one medical shop/store as registered pharmacist fraudulently.

C- For a direction to the respondent to lodged a F.I.R. against all those shopkeepers who have obtained drug licence by appointing pharmacist fraudulently.

D- For a direction to the Health Deptt. To conduct a thorough probe in this matter and should cancel the licnece of medical stores who have employed pharmacist who are involved in more than one medical store simultaneously apart from taking action against the pharmacist itself.

E- For a direction to the respondents to launch an investigation and find if there is any nexus between the Drug Control Officials, Pharmacist and medical shop keeper."

After the matter was heard for some time, learned

Patna High Court CWJC No.24329 of 2018(2) dt.07-01-2020 3/3 counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U