← Library
Patna High CourtCWJC/10294/2017dismissed

Bihar Chemist And Drugist Association And ORS v. The State Of Bihar And ORS

2017-07-31The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10294 of 2017 ====================================================== Bihar Chemist & Druggist Association & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Advocte For the State : Mr. Himanshu Kumar Akela, AC to PAAG2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-07-2017 Inter alia, contending that an order Annexure-1 dated 2.3.2017 has been passed by the State Government indicating that the State Government proposes to switch over to an on line system for registration of Dealers for issuance of Drug License and until the same is done all the application submitted shall not be processed, this writ petition has been filed under Articles 226 and 227 of the Constitution.

Merely because an application has been filed by the petitioner for grant of license, it does not preclude the State Government from changing the procedure for issuance of Drugs License. Grant of license is not a vested right and therefore, during pendency of the application for grant of license, the process for grant of license can be changed and if the process is changed the

Patna High Court CWJC No.10294 of 2017 (2) dt.31-07-2017 2/2 incumbent is required to follow the new process and cannot claim processing of the application as per the old procedure. The State Government having decided to switch to an on line system registration and having stopped processing of the application, we see no reason to make any indulgence into the matter. However, the State Government to make endeavour to switch over to the new system at an earlier date. With the aforesaid, we find no ground to make indulgence into the application. The writ petition stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U