ORDER S.J. Mukhopadhaya, J. 1. This application was preferred by the petitioner against the letter dated 13th May, 2003 issued by the Drug Controller General of India, New Delhi, whereby and whereunder, all the State Drug Control Authorities were directed not to accept or process any fresh application of Stand Alone Blood Bank in private sector in view of the proposed amendment of the Drugs and Cosmetics Rules. 2. The case was taken up on 28th August, 2003, when the Court noticed that there was nothing on the record to suggest any amendment of law and observed that the authorities cannot await any amendment of law for the purpose of determination of question whether permission to be granted to open a Stand Alone Blood Bank in the private sector or not. 3. The Central Drug Inspector, Central Drugs Control Organisation, Eastern Zone. Kolkata was directed to appear before the Court and file affidavit to a assist in the matter. The petitioner was also asked to file an affidavit giving details of facilities in intend to give to the people of the State of Jharkhand and the machineries it intend to install for opening a Blood Bank in question. 4. In pursuance of Courts order, the petitioner has filed a supplementary affidavit giving the details of facilities in intend to give to the people of the State of Jharkhand and the machineries it intend to install. 5. Mr. P.K. Samantaray, the Central Drug Inspector, Central Drug Control Organisation, Eastern Zone, Kolkata has Appeared and filed a counter affidavit. 6. It has been bought to the notice of the Court that the Drug Controller General of India, vide letter dated 11th September, 2003 has informed the Central Drug Control Organisation, East Zone, the recent decision as taken after consultation with the Ministry, which reads, as follows :-- "F. NO. X 11018/2/2003-D DIRECTORATE GENERAL OF HEALTH SERVICES (DRUGS SECTION) Nirman Bhavan, New Delhi To Dy. Drugs Controller(I) Central Drugs Standard Control Organisation, (East Zone) CGO Building, Nizam Place, 2nd Floor, 234/4 AJC Bose Road, Calcutta-700020. SUB : Licensing of M/s Sartaj Blood Bank, Ranchi-Reg. Ref : Your letter No. EZ/9-1/03/SC/1615 dated 3.9.2003. Sir, With reference to your letter cited above on the subject matter, wherein M/s Sartaj Blood Bank has moved the Honble High Court of Jharkhand, Ranchi to redress their grievance. SUB : Licensing of M/s Sartaj Blood Bank, Ranchi-Reg. Ref : Your letter No. EZ/9-1/03/SC/1615 dated 3.9.2003. Sir, With reference to your letter cited above on the subject matter, wherein M/s Sartaj Blood Bank has moved the Honble High Court of Jharkhand, Ranchi to redress their grievance. There have been instances wherein the State Drugs Controllers have received applications and some of which were at various stages of processing when the directives were sent to States. After consultation with the Ministry, it had been decided to consider such applications in the pipeline and consider licensing based on the merits of individual cases. In view of the above, you may initiate action to Inspect the said blood bank to enable further processing of their request for licensing. Yours faithfully Sd/- ASHWINI KUMAR DRUGS CONTROLLER GENERSAL(I)" 7. In view of the recent decision of the respondents, the letter dated 13th May, 2003 stands superseded and hence it is not necessary to set aside the said order. 8. The Central Drug Inspector, Central Drugs Control Organisation, Eastern Zone, Kolkata is directed to inspect the proposed Blood Bank of the petitioner, as per law/guidelines and the directions given in the letter dated 11th September, 2003 and submit report to the appropriate authority by 31st October, 2003. 9. The petitioner should cooperate the Inspecting Team. If it had not applied as yet for separate licence for separation of different components of the blood and for installation of such hi-tech machineries, they should apply forthwith before the competent authority so as to fulfill their assurance given before this Court, in the interest of the people of the State of Jharkhand. 10. If any such application is preferred by the petitioner with assurance of opening of such hi-tech Blood Bank for separation of blood component, the competent authority taking into note the fact that there is no such Blood Bank in the State of Jharkhand, may given them conditional permission/licence and may affirm it only after installation of the hi-tech machineries, 11. The respondents are expected to take a final decision and pass appropriate order by 31st December, 2003. 12. The appearance of the Central Drug Inspector, Central Drugs Control Organisation, Eastern Zone, Kolkata is dispensed with. 13. The writ petition stands disposed of with the aforesaid observations and directions. 14. Let a copy each of this order be handed over to the counsel for the parties.