Vikash Chandra Guddu Baba v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15218 of 2018 ====================================================== Vikash Chandra Guddu Baba S/o Late Ramashraya Prasad Singh presently residing at Mahatma Gandhi Path, Kurji - Balupar, P.O. - Sadakat Ashram, P.S. - Digha, District - Patna.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar 3.

The Director-in-Chief Administration, Health Services, Government of Bihar, Patna.

4.

The Drug Controller, Bihar, New Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Chandra Guddu Baba In Person For the Respondent/s :

Mr.S.D. Yadav- Aag9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 01.08.2018 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: "For issuance of writ of mandamus, commanding and directing the respondent authorities to make functional and up to mark the Drug Control

Patna High Court CWJC No.15218 of 2018(2) dt.06-01-2020 2/3 Laboratory situated at Agamkuan, Patna which is only institute in the State of Bihar to test/examine the life saving medicines, as the same is not functional due to lack of resources and experts i.e. an apparent example of negligence on the part of the respondents, resultantly the patients are compelled to take untested medicine and any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case." After the matter was heard for some time, learned 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

Patna High Court CWJC No.15218 of 2018(2) dt.06-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U