Uttarakhand High Court
Madan Mohan Azad vs State Of Uttarakhand And Others on 10 September, 2015
Author: V.K. Bist
Bench: K.M. Joseph, V.K. Bist
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (PIL) No. 34 of 2014
Madam Mohan Azad. ..... Petitioner.
Versus
State of Uttarakhand and others ..... Respondents.
No representation for the petitioner.
Mr. Pradeep Joshi, Standing Counsel for the State/respondent nos. 1 to 3.
Mr. Sanjay Bhatt, Advocate for respondent no.4.
Dated: September 10, 2015
Coram :Hon'ble K.M. Joseph, C.J.
Hon'ble V.K. Bist, J.
K.M. Joseph, C.J. (oral):
Prayers in this writ petition are as follows:-
"a- To issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1, 2 & 3 to take an appropriate penal action against the respondent no.4 for flouting the provisions of the Concession Agreement dated 14.05.2013 (annexure no. 2 to this petition) b- To issue a writ, order or direction in the nature of certiorari to call for records and quash the Drugs Licence dated 31.01.2014 (annexure no. 12 to this writ petition) c- To issue a writ, order or direction in the nature of mandamus directing the respondent no.1, 2 & 3 to forthwith close the private medical store opened in the campus of Community Health Centre, Bazpur, District Udham Singh Nagar, by the respondent no.4.
d- To issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1, 2 & 3 to forthwith demolish the construction of shops illegally raised by the respondent no.4 encroaching the government hospital building of the Community Health Centre, Bazpur, District Udham Singh Nagar."
2. A counter affidavit is filed in the matter, wherein it has been stated, inter-alia, as follows:-
"5. That after receiving the copy of above noted writ petition, a committee was constituted under the Chairmanship of Director, Doon Group of 2 Hospitals, Dehradun with three other members i.e. Director (PPP/Medical & Health), Additional Director (Medical Care) and Drug Controller (Medical, Health & Family Welfare, Uttarakhand) to look into the matter. Thereafter, on 02.04.2014 a meeting was held under the Chairmanship of Director General Medical, Health & Family Welfare, Uttarakhand as Director, Doon Group of Hospitals, in which all the committee members, C.M.O., Udham Singh Nagar, C.M.S., Community Health Centre, Bazpur and Mr. Manish Vaishnav, Administrative Director of respondent no.4 have also participated. In the meeting it was decided that since there is no clause in the concession agreement that the private partner can open a medical store in the C.H.C. campus, therefore, the medical store should be closed by 04.04.2014, keys will be handed over to the C.M.S., Community Health Centre, Bazpur, all medicines should be removed from the medical store and the licensing authority be directed to cancel the licence.
6. That in view of the decision taken in the meeting dated 02.04.2014 the medical store being run by the respondent no.4 has been closed, drugs have been removed from the said medical store which is now totally vacated, the premises of medical store have been locked and keys of the medical store have been handed over to the C.M.S., Community Health Centre, Bazpur on 05.04.2014, which is clearly indicated in the letter dated 05.04.2014 issued by the C.M.S., Community Health Centre Bazpur.
7. That thereafter, on 10.04.2014 the Drug Licensing Authority, Kumoun Mandal, Nainital issued show cause notice to Dr. Nishant Gupta on whose name the drug licence was issued for Community Centre Bazpur.
8. That since no reply was given by Dr. Dishant Gupta within the stipulated time, therefore, the licence of the said medical store has been cancelled by the Drug Licensing Authority, Kumaun Mandal, Nainital vide order/letter dated 16.04.2014.
9. That since the medical store being run by the respondent no.4 has been closed, drugs have been removed from the said medical store which is now totally vacated, the premises of medical 3 store have been locked, keys of the medical store have been handed over to the C.M.S., Community Health Centre, Bazpur on 05.04.2014, and the licence of the said medical store has been cancelled by the Drug Licensing Authority on 16.04.2014, the entire purpose of filing the above noted writ petition has been served, consequently the writ petition filed by the petitioner is liable to be closed."
3. We make it clear that we are not pronouncing on prayer no. 'd', we leave it open, and in regard to all other prayers, they are obviously become infructuous by the subsequent developments.
4. The writ petition is closed.
(V.K. Bist, J.) (K.M. Joseph, C.J.) 10.09.2015 NCM: