IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10516 of 2006 02. 12.01.2009 1. Madhuri Devi W/O Sri Birendra Pandey, Proprietor of M/S. Laxmi Pharma having licence no. DL/24A/24A, near Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, P.S. Shastri Nagar, District – Patna. 2. Rajnath Kumar S/O Bhagat Prasad, proprietor of Raj Medical, having Licence No. DL/25A/25, near Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, P.S. Shastri Nagar, District- Patna. 3. Ajit Kumar son of Radhe Shyam Prasad, Proprietor of Golu Medical Hall having Licence No. DL 152/15A, near Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, P.S. Shastri Nagar, District-Patna. --------------------- Petitioners Versus 1. The State of Bihar 2. The Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna. 3. The Indira Gandhi Institute of Medical Science through its Director, Sheikhpura, Raja Bazar, P S – Shastri Nagar, District-Patna. 4. The Director, Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, District – Patna. 5. The Chief Administrative Officer, Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, P.S. Shastri Nagar, District – Patna. 6. The Executive Engineer, Indira Gandhi Institute of Medical Science, Sheikhpura, Raja Bazar, P.S. Shastri Nagar, District – Patna. ---------------------- Respondents For the petitioners: Mr. Subodh Kumar Jha. For the State : ----- After having heard learned counsel for the petitioners and learned counsel for the State this Court is not inclined to exercise its - 2 - jurisdiction in the matter because the dispute cannot be adjudicated upon on an application under Article 226 of the Constitution of India. Petitioners may have a relief either before the civil court of competent jurisdiction or may also approach respondent No.4, the Director, Indira Gandhi Institute of Medical Science, on humanitarian consideration to respond to the grievance of the petitioners. The writ application is permitted to be withdrawn as above. rkp (Ajay Kumar Tripathi, J)