M/S Homeo Research Lab v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10011 of 2018 ====================================================== M/s Homeo Research Lab having its factory situated at Rasalpura, Police Station - Doriganj, District - Saran, through its proprietor Dr. Raghubansh Singh S/o Late Gorakh Nath Singh Resident of House No. 31 M, Mohalla - Salempur, P.S. Chapra Town, District - Saran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

3. The Commissioner, Excise Department, Government of Bihar, Patna.

4. The State Drug Controller-cum-Chief Licensing Authority, Bihar, Patna.

5. The Collector, Saran at Chapra, Bihar.

6. The Superintendent of Excise, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate MR. Alok Chandra, Advocate Mr. Prakritita Sharma, Advocate For the Respondent/s :

Mr. Manish Dhari Singh, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-07-2018 The issue in question pertaining to granting permission to manufacture Homeopathic medicines and for the said purpose

Patna High Court CWJC No.10011 of 2018 dt.05-07-2018 2/3 use the spirit stands concluded by series of judgments rendered by this Court and it is not necessary now to keep the matter pending. The issue in question has been decided in C.W.J.C. No.6415 of 2016 (Shree Baidyanath Ayurved Bhawan Private Limited vs. The State of Bihar and others) on 27.10.2016 (Annexure 7) and thereafter following the same after dismissal of the civil appeal filed by the State Government, as is evident from Annexure 8, a Co-ordinate Bench of this Court has decided the issue again on 12.2.2018 in C.W.J.C. No.8705 of 2017 (Dr. Md. Anwar Vs. The State of Bihar & Ors.) wherein after analyzing various judgments with regard to the issue in question identical writ petition has been allowed and the writ petition disposed of in terms thereof.

Keeping in view the aforesaid, we allow this writ petition and direct the respondents to grant benefit to the petitioner herein, as has been extended to other petitioners by virtue of the judgment, as are discussed hereinabove. All benefits accruing to the petitioner by virtue of the orders passed, as is indicated hereinabove, particularly in the case of Dr. Md. Anwar (supra), shall also be extended to the petitioner and the petitioner treated identically.

Patna High Court CWJC No.10011 of 2018 dt.05-07-2018 3/3 period of 60 days from the date of receipt/production of a copy of this order.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.07.2018 Transmission Date N/A