M/s. Maa Tarini Medical Store vs State Of Odisha And Others

Arindam Sinha, J

Mr. Tibrewal, learned advocate appears on behalf of petitioner and submits, his client has prayed for relief to be able to continue to run the medicine shop on campus of the hospital. He submits, challenge in the writ petition and relief prayed for are covered by order dated 8th September, 2022 made by this Bench in W.P.(C) no.7846 of 2017 (M/s. Jai Bharat Medicals v. State of Odisha and others).

Mr. Patnaik, learned advocate, Additional Standing Counsel appears on behalf of State and submits, though counter has been filed by opposite party no.5, opposite party no.1 needs to file counter. He prays for extension of time.

It appears coordinate Bench passed interim order on 15th March, 2017. On 2nd November, 2011 there is record that opposite party no.5 had filed counter. Said opposite party is Deputy Drugs Controller. Opposite party no.1 is Health and Family Welfare Department of the State. On query from Court Mr. Patnaik submits, he appears on behalf of all opposite parties.

Prayer for extension of time to file counter by another functionary of State, to supplement counter filed as far back on 2nd November, 2017 is rejected.

The writ petition is found to be covered by said order dated 8th September, 2022. Same directions, as applicable to petitioner, are made on it being clear that in regard to compliance with the directions, impugned office memorandum dated 27th February, 2015 can have no application.

The writ petition is disposed of.

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