IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1295 of 2010. Decided on: May 10, 2010 Dr. Bhupesh Gupta and others ….. Petitioners. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Naresh Kaul, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No. 1 to 5. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayers:- “(i) That the writ in the nature of mandamus may kindly be issued thereby directing the respondents No. 1 to 5 to proceed in the matter in accordance with law and the illegal, unjust, uncalled for possession made by the respondents No. 6 on the Government / public property may kindly be ordered to be got vacated physically at the spot and the direction may be issued to respondents No. 1 & 2 initiate and take suitable action against the officers/ officials owing to whose executive inaction there prevails complete anarchy under their nose, to secure ends of law and justice. 2 (ii) That a writ may be issued thereby restraining the respondent No.6 to use the ‘hospital premises’ for running his pure business activity, the same may kindly be stopped with immediate effect and the Govt. Laboratory and its employees (RKS, Rogi Kaliyan Smiti) may be allowed to use the hospital premises (lab) for tests etc. In the alternative, the petitioner No.1 may be allowed to perform its business having much less rates than the respondents no. 6(Annexure P-1 and P-2) (iii) That the respondents No. 1 & 2 may be directed to stop the ‘pick and choose policy’ and flout tenders for the establishment of private laboratories inside the hospital premises in all the Govt. hospitals in H.P. Moreover, the aforesaid illegal possession may kindly be ordered to be vacated at the spot/ hospital premises at the cost of the respondents No.6.” 2. Learned Deputy Advocate General, on the basis of instruction, submits that the sixth respondent has already vacated the premises. Learned counsel appearing for the petitioner submits that in case in such Government establishments private agencies are to be permitted , opportunity should be given to all interested parties to participate in such action either in tenders or otherwise. Learned Deputy Advocate General submits that the matter will be looked into by the Government. 3. With these observations, the Writ Petition stands closed, so also the pending application. (Justice Kurian Joseph), Chief Justice May 10, 2010 (Justice R.B. Misra), (rks) Judge. 3