The Patna High Court directed the Civil Surgeon to decide on a fresh representation filed by the petitioner within 10 days regarding the quashing of his Ayush Health Care Center license to ensure a speaking order.
The petitioner is allowed to file a representation before the Civil Surgeon within a week for a decision within 10 days.
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 JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4029 of 2020
======================================================
Amit Kumar Thakur, aged about 27 years (M), S/o Gayatri Thakur, R/o Village-Kekarha, P.S.-Mohania, District-Kaimur (Bhabua).
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Patel, Advocate For the State : Mr. Birju Prasad, GP13 Mr. Ajit Anand, AC to GP-13
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
The grievance of the petitioner is that his license to
run the Ayush Health Care Center was quashed by the Civil Surgeon, Kaimur by order dated 31.12.2019. He submits that neither any opportunity was given to him nor any tangible reason has been assigned in the order. According to him, he will
Patna High Court CWJC No.4029 of 2020(5) dt.08-09-2022 2/2
be satisfied if he is allowed to file a representation again before the same officer, who may deal with it and pass a speaking order which can be the subject matter of judicial review, if required.
Learned counsel for the State has no objection to this. Under the circumstances, the present writ petition is disposed off in above terms.
In case, the petitioner files representation within a week, the Civil Surgeon will take a decision thereon within 10 days thereafter.
(Rajan Gupta, J)
(Dr. Anshuman, J)
P. Kumar
U
1 issue framed by the court
Whether the petitioner is entitled to file a fresh representation to the Civil Surgeon regarding the quashing of his Ayush Health Care Center license.
Amit Kumar Thakur
State of Bihar through Principal Secretary, Department of Health, Government of Bihar, Patna
Deputy Secretary, Department of Health, Government of Bihar, Patna
Collector cum District Magistrate, Kaimur, Bhabua
S.P. Kaimur at Bhabua
C.M.O. cum Civil Surgeon cum Secretary, District Health Society, Kaimur at Bhabua
Rajan Gupta
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
