NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4373 of 2021 Manish Khatri S/o Shri Gyancand Ruchandani Aged About 33 Years Manager, Jan Aushadhi Stores, Situated At District Hospital Campus, Ward No. 29, Durg, District : Durg, Chhattisgarh. ---- Petitioner Versus

1. State of Chhattisgarh, Through The Secretary, Department of Health, Family Welfare And Medical Education, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District :

Raipur, Chhattisgarh.

2. Chief Medical and Health Officer and Secretary, Indian Redcross Society, District Hospital, District Durg, District : Durg, Chhattisgarh.

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

4. Joint Collector, Durg, Chhattisgarh, District : Durg, Chhattisgarh.

5. Priyanka Verma, Joint Collector, Durg, Chhattisgarh, District : Durg, Chhattisgarh.

6. Drug Inspector, Durg, Chhattisgarh, District : Durg, Chhattisgarh. ---- Respondents and WPC No. 4482 of 2021  Manish Khatri S/o Shri Gyanchand Ruchandani Aged About 33 Years Manager, Jan Aushadhi Stores, Situated At District Hospital Campus, Ward No. 29, Durg, District : Durg, Chhattisgarh. ---- Petitioner Versus

1. State of Chhattisgarh, Through The Secretary, Department of Health, Family Welfare and Medical Education, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District :

Raipur, Chhattisgarh.

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

3. Chief Medical And Health Officer And Secretary Indian Redcross Society, District Hospital District Durg, Chhattisgarh, District : Durg, Chhattisgarh.

4. Joint Collector Durg, Chhattisgarh.

5. Priyanka Verma Joint Collector, Durg, Chhattisgarh.

6. Deputy Director And Licensing Authority Food And Drug Administration, Ground Floor, Bunkar Bhawan, Santrabadi, Station Road, Durg District Durg, Chhattisgarh.

7. Drug Inspector Durg, Chhattisgarh. ---- Respondents (Cause Title is taken from Case Information System)

For Petitioner : Mr. Varun Sharma, Advocate & Mr. Vernit Tripathi, Advocate, For State : Mr. Shashank Thakur, Deputy Advocate General For Union of India : Mr. Bhupendra Pandey, Central Government Counsel Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

12.04.2024

1) By way of these petitions, the petitioner has sought the following relief(s):-

In WPC/4373/2021:-

“(I) To kindly call for the records of the case from the respondents.

(II) To kindly direct the respondent No.1 and its authorities to unseal the shop of the petitioner situated in District Hospital Durg and not to create any other hindrances in the running of shop by the petitioner.

(III) To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner. “

In WPC/4482/2021:-

(I) To kindly call for the records of the case from the respondents.

(II) To kindly quash the order vide NO. Red Cross/2021/14622 dated 30.10.2021 issued by the respondent No.3/Chief Medical and Health Officer and Secretary, Red Cross Society, Durg, (CG) ( Anenxure P/1). (III) To kindly quash the order vide no. Red Cross/2021/1955 dated 30.10.2021 issued by the same respondent No.3 (Annexure P/2).

(IV) To direct the respondents to act in accordance with law and not to take any coercive action against the petitioner.

(v) To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the cost to the petitioner.”

2) The petitioner has challenged the action of the respondent authorities whereby the medical shop of the petitioner was sealed on 23.10.2021 by the revenue authorities headed by the Joint Collector, Durg. Further, vide order dated 30.10.2021, the Chief Medical and Health Officer (CMHO)/Secret