Manish Khatri vs State Of Chhattisgarh
2022 Latest Caselaw 706 Chatt

                                       1

                 (Proceedings through video conferencing)
                                                                      NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR
                       Writ Appeal No. 71 of 2022


     Manish Khatri, S/o Shri Gyan Chand Ruchandani, aged about 33
     years, Manager, Jan Aushadhi Stores, Situated at District Hospital
     Campus, Ward No. 29, Durg (C.G.)

                                                               ---- Appellant

                                   Versus

1.   State of Chhattisgarh Through the Secretary, Department of Health,
     Family Welfare and Medical Education, Mahanadi Bhawan, New
     Mantralaya, Naya Raipur (C.G.)

2.   Chief Medical and Health Officer & Secretary, India Redcross
     Society, District Hospital, District Durg (C.G.)

3.   Union of India Through General Manager (Marketing & Sales)
     Bureau of Pharma Public Sector Undertakings of India (BPPI) 8 th
     Floor, Videocon Tower, Block E1, Jhandewalan Extension, New
     Delhi 110055.

4.   Joint Collector Durg (C.G.)

5.   Priyanka Verma, Joint Collector Durg (C.G.)

6.   Durg Inspector, Durg (C.G.)

                                                            ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Varun Sharma, Advocate. For Respondents No. 1, 2, 4 & 6 : Ms. Astha Shukla, Government Advocate.

For Respondent No. 3 : Mr. Ramakant Mishra, Assistant Solicitor General.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Justice N.K. Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

10.02.2022

Heard Mr. Varun Sharma, learned counsel for the appellant. Also

heard Ms. Astha Shukla, learned Government Advocate appearing for

respondents No. 1, 2, 4 & 6 and Mr. Ramakant Mishra, learned Assistant

Solicitor General appearing for respondent No. 3.

2. This appeal is directed against an order dated 01.11.2021 passed

by the learned Single Judge in Writ Petition (C) No. 4373 of 2021,

declining to grant an interim order to de-seal Pradhan Mantri Bhartiya Jan

Aushadhi Kendra, a medical shop, which was allotted to the appellant, on

the settled principles of law that it is impermissible to grant an interim

order which will, in effect, amount to granting final relief. Therefore, no

exception can be taken to the aforesaid order of the learned Single

Judge.

3. However, Mr. Sharma submits that in the medical shop of the

appellant, there are medicines, which are likely to expire soon. He has

submitted that the case is now fixed on 14.03.2022, but till now, the State

has not filed any reply-affidavit, though State authorities had sealed the

shop.

4. Ms. Astha Shukla submits that within a period of 07 days from

today, reply-affidavit will be filed on behalf of the State respondents.

5. Having heard the learned counsel for the parties, without interfering

with the order of the learned Single Judge, while dismissing the appeal,

we grant liberty to the appellant to file application for grant of appropriate

interim order, if so advised.

                               Sd/-                                      Sd/-
                     (Arup Kumar Goswami)                       (N.K. Chandravanshi)
                          Chief Justice                                 Judge



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