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Patna High CourtCWJC/4342/2024disposed

Rajiv Kumar v. The State Of Bihar

2024-09-05Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4342 of 2024 ====================================================== Rajiv Kumar S/o Bhudev Mandal, Resident of Mohalla Gumti No 12, Near Kali Asthan Laluchak, PS-Ishak Chak, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Principal Secretary, Department of Health Govt. of Bihar, Patna. 3.

Director Drug Control Govt. of Bihar, Patna.

4.

Assistant Drug Controller cum Licensing Authority Directorate of Drug Control Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ebrahim Kabir, Adv.

:

Mr. Shruti Sinha, Adv.

For the Respondent/s :

Mr. Standing Counsel (16) :

Mr. Pramod Kumar Singh, AC to SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-09-2024 Heard the learned counsel for the parties.

2. Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an appeal under Rule 85(iii) of the Drugs & Cosmetics Rules, 1945, this Court is not inclined to entertain the present writ petition. The present writ petition is disposed of directing the petitioner to file an appeal before the appellate authority. On such appeal being filed, the authorities concerned shall pass necessary orders as expeditiously as possible preferably within a period of eight weeks thereof. In case any Interlocutory Application is filed by the petitioner seeking suspension of the cancellation order, the

Patna High Court CWJC No.4342 of 2024(4) dt.05-09-2024 2/2 same shall be considered and necessary orders passed. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

3. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U