IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4225 of 2010 1. National Integrated Medical Association, Branch, Motihari (East Champaran) Through Its Secretary, Dr. Alok Kumar Near R.N. Mukherji Ayurvedic College, Motihari, P.S.- Mufassil, Distt.- East Champaran, Motihari 2. Alok Kumar S/O Dr. Deep Nr. Mishra Near R.N. Mukherji Ayurvedic College, Motihari, P.S.- Mufassil, Distt.- East Champaran, Motihari 3. Rahul Kumar Shah S/O Bishwanath Prasad Shah Shri Krishna Nagar, Distt.- East Champaran, Motihari Versus 1. The State Of Bihar 2. District Magistrate East Champaran, Motihari 3. Civil Surgeon East Champaran, Motihari 4. Sub-Divisional Electrical Engineer-Cum-Special Executive Magistrate (Law And Order) East Champaran, Motihari 5. In-Charge Medical Officer Sadar Prakhand, Motihari, Distt.- East Champaran, Motihari ----------- 2 01.07.2011 Heard Mr. B.N.P. Singh, learned counsel for the petitioners and learned counsel for the State. The writ petition has been filed in a representative capacity by the National Integrated Medical Association, an association registered under the Societies Registration Act seeking protection of its members from undue harassment by the Members of the Administration under the guise of maintenance of law and order. It is stated that the petitioner-association has a membership of about 3.5 lac practitioners of indigenous medicine. It is further contended that although the member of the association have successfully graduated from recognized institutes of Ayurvedic, Unani Medicine and Siddha and Modern Medical Courses as regulated by the Central Council of Indian 2 Medicine established under the Indian Medicine Control Council Act, 1970 and are fully eligible to practice modern medicine and surgery under the Ayurvedic, Unani and Siddha systems but they are being harassed by the respondent Nos. 4 Sub divisional Electrical Engineer cum Special Executive Magistrate and respondent No.5 the Incharge Medical Officer under the instructions of respondent No.3 Civil Surgeon, East Champaran at Motihari inter alia on grounds that they are not eligible for their medical practice. The petitioner-Association has specifically mentioned in paragraph 10 of the writ petition that the clinic/hospital of the members of the Association has been raided by the District Administration apparently under the directions of the District Magistrate, East Champaran and the Civil Surgeon/Chief Medical Officer, inter alia on the grounds that these members cannot practice surgery or prescribe Allopathic medicine. Name of the doctors have been set in the said paragraphs. Learned counsel submits that in these circumstances the petitioners have been constrained to file this writ petition. Considering the statements made in the writ petition and the submission of the learned counsel, the writ petition is disposed of after reserving liberty that in case of harassment by any of the members of the petitioner- Association at the hands of the District Administration, he shall file a detailed representation before the District Magistrate, East Champaran giving details of the person who has caused interference in his right to practice and any such representation filed by member of the petitioner-Association shall be considered and disposed of by the District 3 Magistrate, East Champaran expeditiously, preferably within a period of eight weeks from the date of receipt thereof. The writ petition thus stands disposed of . Bibhash (Jyoti Saran, J.)