Patna High CourtCWJC/17493/2016disposed

M/S. Rajdeep Pharma v. The State Of Bihar And ANR

2016-10-26Mr. Justice Ramesh Kumar Datta2 pages

Patna High Court CWJC No.17493 of 2016 (2) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17493 of 2016 ====================================================== M/s. Rajdeep Pharma, Karim Market, Pul Par, P.S. Biharsharif, DistrictNalanda through its proprietor Raj Kumar, son of Late Ram Charan Prasad, resident of Laheri, P.S. Laheri, District-Nalanda. .... .... Petitioner/s

Versus

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

2. The Assistant Drugs Controller, Bihar Drugs Control Administration, Nalanda, Biharsharif.

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

For the Petitioner/s : Mr. Sandeep Kumar For the Respondent/s : Mr. Kamalesh Kishore, A.C. to S.C.12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has directly approached this Court by filing the writ petition against the impugned order dated 30.09.2016 passed by the Assistant Drugs Controller, Nalanda, by which the licence of the petitioner has been suspended for a period of 45 days.

Admittedly, the impugned order is amenable to statutory appeal.

Learned counsel for the petitioner submits that since the suspension of licence was for a short period and no orders are being passed in appeals that are being filed and not even on stay

Patna High Court CWJC No.17493 of 2016 (2) dt.26-10-2016 petitions, therefore, the petitioner has directly come up before this Court.

In the aforesaid circumstances, the writ application is disposed of with the direction that in case the petitioner files an appeal within a week from today along with an application for stay of the impugned order, the stay petition must be disposed of within a week thereafter, failing which the impugned order dated 30.09.2016 shall be deemed to have been stayed. (Ramesh Kumar Datta, J) V.P.Sinha/- U