M/S Megha Enterprises Gowdown v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12742 of 2016 =========================================================== M/s Megha Enterprises ( Gowdown ) represented by Smt. Jaya Kumari, W/o Sri Deepak Kumar, R/o 402 Hytec, Janki Complex, R.K. Avenu Road Rajendra Nagar Patna P.S- Kadamkuan Distt.- Patna Premises Situated at D-3 Ground Floor, RC Palace G.M Road Patna-4 Dist. Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, New Secretariat, Patna.

2. The State Drug Controller-Cum-Chief Licensing Authority, New Secretariat, Bihar, Patna.

3. The Licensing Authority Drug Control Administration, Municipal Area Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das For the State : Mr. Raj Balabh Pd.Yadav-AAG11 Mr. A.K.Dubey, AC to AAG-11 Dr. Sanjay Kr. Singh, AC to AAG-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL JUDGMENT Date: 11-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present writ application for quashing the order dated 18.7.2016 passed by the State Drug Controller.

Admittedly appeal has been filed against the said order. By the impugned order however, the petitioner's licence has been suspended for a period of two months.

It is submitted by learned counsel for the petitioner

Patna High Court CWJC No.12742 of 2016 dt.11-08-2016 2/2 that the appeal has been filed on 25.7.2016 but the same has not yet been disposed of and in the said circumstances, the appeal itself may become infructuous.

In such matters where the penalty imposed itself would come to an end in a short period of two months, it is incumbent upon the appellate authority to dispose of any such appeal within a period of 3-4 days or at best a week from the date of filing of the appeal.

In the above circumstances, the writ application is disposed of with a direction to the appellate authority to dispose of the appeal filed by the petitioner within a period of one week from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta, J) S.Pandey/- AFR/NAFR CAV DATE Uploading Date 12.08.2016 Transmission Date