The High Court of Odisha disposed of the writ petition as it was covered by a prior judgment (Jai Bharat Medicals vs. State) disposed of on September 8, 2022, where the specific government circular and directions were already adjudicated.
The writ petition and application were disposed of as the matter was covered by the order in W.P.(C) no.7846 of 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2426 of 2018 (Through hybrid mode)
Susil Kumar Nanda …. Petitioner
Mr. G. Mohanty, Advocate
-versus-
State and others
…. Opposite Parties
Ms. S. Pattanayak, AGA
CORAM: JUSTICE ARINDAM SINHA ORDER
11.10.2022
Order No.
08. 1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, challenge in the writ petition is against circular dated 27th February, 2015, directing, inter alia, no extension of lease of oncampus medical stores be done till further orders, as decision pursuant to commitment of the State Government to provide free medicines to
patients at public health facilities. He submits, his client’s licence was not renewed. State, thereafter, caused the hospital to shift. The authorities then entered into agreement dated 18th October, 2019, whereunder his client was to run medicine shop in the shifted campus. However, the authorities prevented his client from running the shop. He submits further, impugned circular was subject matter of W.P.(C)
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no.7846 of 2017 (Jai Bharat Medicals vs. State of Odisha and others), disposed of by order dated 8th September, 2022 .
2. Ms. Pattnayak, learned advocate, Additional Government Advocate appears on behalf of State and prays for extension of time by two weeks, for filing counter. On query from Court regarding impugned circular having been subject matter in Jai Bharat Medicals (supra) she submits, same circular was impugned therein.
3. The writ petition has been listed under heading ‘Old Matters’.
Text of order dated 21st September, 2022 is reproduced below.
“ 1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client has made interim application on subsequent development of the hospital having shifted and consequently the authorities having entered into agreement dated 18th October, 2019. Under the agreement, his client is to run medicine shop in the shifted campus but his client stands prevented.
2. Mr. Sharma, learned advocate,Additional Government Advocate appears on behalf of State and prays for adjournment to obtain instructions.
3. List on 11th October, 2022 under heading ‘Old Matters’.
4. It is made clear it is likely that the writ petition itself will be dealt with.”
4. Court rejects the prayer for adjournment since contention of
State stands already adjudicated in Jai Bharat Medicals (supra). The
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writ petition stands covered thereby and directions made therein, as applicable herein, are made.
5. The writ petition and application are disposed of.
(Arindam Sinha) Judge
Prasant
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Colour shows how this judgement treated each authority
Jai Bharat Medicals vs. State of Odisha and othersFollowed¶28
W.P.(C) no.7846 of 2017 (Jai Bharat Medicals vs. State of Odisha and others)
Jai Bharat Medicals vs. State of Odisha and othersFollowed¶28
Order dated 8th September, 2022 in W.P.(C) no.7846 of 2017
Susil Kumar Nanda
State
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
