Patna High Court - Orders
Rounak Sinha vs State Of Bihar on 26 August, 2022
Bench: Chief Justice, Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12248 of 2022
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Rounak Sinha S/o Sri Arvind Kumar Sinha Permanent resident of Sahangi,
Bhojpur, Bihar, 802203, Temporary resident of Mahendrapuram Apartment,
Block A, House No. N4, Patna, Bihar, 800011
... ... Petitioner/s
Versus
1. State of Bihar through the chief Secretary, Government of Bihar, Main
Secretariat Building, Patna 800015
2. Additional Chief Secretary cum Food Safety Commissioner, State
Government of Bihar, Health Department, 1st Floor, Vikash Bhawan, Bailey
Road, Patna 800015
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rounak Sinha (In Person)
For the Respondent/s : Mr.S. D. Yadav (AAG 9 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
2 26-08-2022Petitioner has prayed for the following relief(s):
"i. Seeking a writ of mandamus, and/or, any other appropriate writ/direction/order upon the Respondents to prevent the circumvention of the prohibition imposed upon the manufacture, storage, distribution, transportation, display or sale of any type of Gutka and Pan Masala containing tobacco and/or nicotine, whether packaged or unpackaged in the whole of the State of Bihar. Patna High Court CWJC No.12248 of 2022(2) dt.26-08-2022 2/3 ii. To supress the circumvention and in the interest of public health, seeking a writ of mandamus, and/or, any other appropriate writ/direction/order upon the Respondents to impose a complete prohibition on chewing tobacco, pure tobacco, scented tobacco/Flavoured tobacco or by whatever name locally it is called packed in sachets/pouches/package in the State of Bihar.
iii. Seeking a writ of mandamus, and/or, any other appropriate writ/direction/order upon the Respondents that there is no sale of twin packs of Pan Masala with Chewing Tabacco, though packaged separately but conjoint and sold together from the same shop to circumvent the gutka ban."
After the matter was heard for some time, finding the Bench not to be in favour of the submission made by the petitioner, the petitioner, who appears in person, states that the petition, in its present form, may be permitted to be withdrawn reserving liberty to file afresh with better particulars on the same and subsequent cause of action, if so required and desired, if the Government were to take any action in terms of judgment dated 25.03.2022. passed by this Court in C.W.J.C. No. 2203 of 2022, titled as Rounak Sinha Vs. State of Bihar.
Also, in the event of petitioner filing a fresh petition, copies shall be supplied to the nominated counsel for Patna High Court CWJC No.12248 of 2022(2) dt.26-08-2022 3/3 the respondents through digital mode.
Prayer allowed.
Petition is disposed of as withdrawn with the liberty aforesaid.
As and when such petition is filed, registry shall process it immediately and have it listed before the appropriate Court.
Also liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/DKS U