Patna High Court

M/S Medicine Palace vs The Union Of India on 1 February, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18332 of 2021
     ======================================================

M/s Medicine Palace, West Boring Cenal Road, Patna- 800001, through its proprietor Mr. Anjani Kumar Singh, male, aged about 62 years S/o Late Ram Chandra Prasad Singh, Resident of P.S. and P.O.- Hasanpur, P.S.- Mahnar, District- Vaishali, Bihar.

... ... Petitioner/s Versus

1. The Union of India through its Ministry of Health and Family Welfare Government of India, New Delhi- 110001.

2. The Director All India Institute of Medical Science, Phulwarisharif, District-

Patna- 801505 Bihar.

3. The Deputy Director (Administration) All India Institute of Medical Science, Phulwarisharif, District- Patna- 801505 Bihar.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13604 of 2019 ====================================================== M/s Medicine Palace West Boring Canal Road, Patna- 800001 through its Proprietor Mr. Anjani Kumar Singh, Son of late Ram Chandra Prasad Singh, Resident of Hasanpur, P.S. Mahnar, District- East Vaishali, Bihar.

... ... Petitioner/s Versus

1. The Union of India through its Ministry of Health, and Family Welfare, Government of India, New Delhi-110001.

2. The Director, All India Institute of Medical Science, Phulwarisharif, District-

Patna- 801505, Bihar.

3. The Deputy Director (Administrator), All India Institute of Medical Science, Phulwarisharif, District- Patna- 801505, Bihar.

4. The State of Bihar through State Licensing Authority Cum Drug Control Administration, Patna in the Department of Health, Government of Bihar, District- Patna, Bihar.

5. The State of Bihar through the Principal Secretary Health Department.

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

(In Civil Writ Jurisdiction Case No. 18332 of 2021) For the Petitioner/s : Mr. Ambuj Kumar Chandra, Advocate Dr. Juhee Chaudhary, Advocate For the Respondent/s : Dr. K N Singh, ASG Mr. Kumar Priya Ranjan, CGC Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

For the AIIMS : Mr. Binay Kumar Pandey, Advocate For the State : Mr. Binod Kumar Yadav, SC-18 (In Civil Writ Jurisdiction Case No. 13604 of 2019) For the Petitioner/s : Mr.Ambuj Kumar Chandra, Advocate Mr. Ashutosh Kumar, Advocate For the Respondent/s : Dr. K N Singh, ASG Mr. Kumar Priya Ranjan, CGC For the AIIMS : Mr. Binay Kumar Pandey, Advocate For the State : Mr. Binod Kumar Yadav, SC-18 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (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.) Date : 01-02-2022

Heard learned counsel for the parties.

2. Both these petitions are being disposed by a common

order.

3. In CWJC No.18332 of 2021 titled as M/s Medicine

Palace Vs The Union of India & Ors., petitioner has prayed

for the following reliefs:

"I. For issuing a writ of an appropriate nature directing the respondents to set aside/quash the E-tender for empanelment of local chemist at AIIMS Patna for supply of drugs/medicines/CSSD/Lab/Surgical Consumables dated 14.09.2021 (1st & last page of the tender enclosed and marked as Annexure 1) issued by the Director, AIIMS Patna (hereinafter Respondent No.2) II. For granting a stay upon the further process in connection with the above-mentioned tender during Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

the pendency of the instant writ application and also during the pendency of CWJC No.13604/2019 (M/s Medicine Palace v Union of India & others) filed before this Hon'ble Court.

III. For directing the respondents to empanel the petitioner's undertaking namely M/s Medicine Palace in AIIMS Patna for the procurement of medicinal and surgical items.

IV. For any other relief(s) for which the petitioner is entitled to in accordance to the facts and circumstances of the case."

4. In CWJC No.13604 of 2019 titled as M/s Medicine

Palace Vs The Union of India & Ors. petitioner has prayed for

the following reliefs:

I. For issuing a writ of an appropriate nature directing the respondents to set aside/quash the order dated 20.04.2019 issued by the Director, AIIMS Patna (hereinafter the Respondent No.2) vide letter no.25/AIIMS/Pat/Dir/2019 whereby and whereunder the licence of the chemist shop of the petitioner was terminated and he was ordered to shut down the operation of the chemist shop allotted to him in the AIIMS premises and to vacate the same.

II. For granting a stay upon the order dated 20.04.2019 passed by the Director AIIMS (impugned order) during the pendency of the instant writ application.

III. For any other relief(s) for which the petitioner is Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

entitled to in accordance of the case."

5. It is noticed that the shop in question was allotted to the

petitioner by way of licence in the year 2014. This was for a

period of two years. Record reveals that since third parties were

litigating before this Court, petitioner did not hand over the

vacant and peaceful possession of the shop to the respondents. It

is not the petitioner's case that the licence stood renewed

beyond a period of two years. It is seen that vide order dated 20 th

April, 2019, petitioner was asked by the respondent to hand over

vacant and peaceful possession of the premises within a period

of 30 days.

6. Assailing the same, petitioner filed a writ petition being

CWJC No.13604 of 2019 titled as M/s Medicine Palace Vs.

The Union of India on 4th July, 2019. Only for the reason that

the matter could not be listed before any Court, respondents did

not take any action for ejecting the petitioner. However, only in

the year 2021, the respondents issued an advertisement dated

14.09.2021, inviting tender for fresh allotment of the shop

which action stands assailed by the petitioner by way of a

separate petition being CWJC No. 18332 of 2021 titled as M/s

Medicine Palace v. Union of India & Ors.

7. We find that the petitioner has been abusing the process Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

of law and as such able to retain the possession of the shop in

question, beyond the stipulated period of licence. It is also

brought to our notice that the petitioner has filed a criminal case

in relation to the very same shop. It is also brought to our notice

that the shop in question, at this point in time, is closed,

inasmuch as the respondents- AIIMS has installed its own lock.

8. After the matter was heard for some time, learned

counsel for the petitioner made the following prayers:-

(a) Petitioner be permitted to remove the goods which are

lying inside the shop.

(b) Petitioner shall withdraw all criminal case(s) instituted

against the respondents.

(c) Petitioner be granted liberty to claim damages with

respect to certain articles which were procured by him

only on the asking of the respondents.

(d) Lawful possession of the shop be deemed to be with the

respondent-AIIMS.

9. Sri Binay Kumar Pandey, learned counsel appearing for

the respondent-AIIMS stated that he has no objection to the

disposal of the petitions accepting the submissions made by the

petitioner, to be taken on record.

10. Ordered accordingly.

Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

11. Both the Petitions are disposed of on the following

mutually agreeable terms:-

(a) Petitioner shall forthwith withdraw all criminal case(s)

instituted against the respondents, in relation to the shop

in question.

(b) Respondents shall allow the petitioner to remove the

articles from the shop. This must be done within next

twenty four hours.

(c) Petitioner shall make himself available in the office of the

Director, AIIMS tomorrow, i.e. 02.02.2022, at 10 a.m. for

facilitating removal of articles and preparing an inventory.

However, if the petitioner fails to do so, it shall be open to

the Director, AIIMS to have the lock broken open and

remove the goods by getting an inventory prepared, also

videograph the entire proceedings. Such articles shall be

kept in safe custody to be received by the petitioner.

(d) Inventory of the articles shall be prepared in the presence

of the authorized officer of the AIIMS and the petitioner.

(e) Respondents shall proceed with the tender now issued

and finalize it at the earliest.

(f) Liberty reserved to the petitioner to institute appropriate

proceedings seeking compensation. As and when such Patna High Court CWJC No.18332 of 2021 dt.01-02-2022

proceedings are instituted, the same shall be adjudicated

expeditiously, in accordance with law.