M/S Samrat Laboratories v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5667 of 2020 ====================================================== M/s Samrat Laboratories, having its factory at Harpur Alloth, Industrial Estate, Samastipur through its Proprietor Shri Surjit Singh, Male, aged 75 years, son of Late Ravail Singh, resident of Bengali Tola, P.S. and P.O. Samastipur, District Samastipur.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Prohibition, Excise and Registration, Government of Bihar, Vikas Bhawan, New Secretariat, Patna800015. 3.

The Excise Commissioner, Government of Bihar, Vikas Bhawan, New Secretariat, Patna-800015.

4.

The Joint Commissioner of Excise, Bihar, Patna. 5.

The Collector, Samastipur.

6.

The Superintendent of Excise, Samastipur.

7.

The State Drug Controller-cum- Chief Licensing Authority, Bihar, Patna800015. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 19-05-2020 The matter has been listed and heard vide video conferencing in view of the lock-down imposed on account of the COVID-19 pandemic.

2. Heard Mr. Satyabir Bharti, learned counsel for the petitioner and Mr. Vikash Kumar, learned Standing Counsel 11 for the State.

3. The petitioner has approached the Court for allotment of Ethanol, which is a raw material in the manufacture of Hand Sanitizer Solution, for which it has been granted a

Patna High Court CWJC No.5667 of 2020(2) dt.19-05-2020 2/2 license.

4. At the very outset, learned counsel for the State submitted that yesterday itself the authorities have allotted 40,000 bulk litres of Ethanol vide Memo No.1517, as per the request of the petitioner.

5. In view of the aforesaid, nothing further remains in the writ application. Accordingly, the same stands disposed off.

6. However, before parting, the Court would only observe that in such matters, the authorities have to show some sensitivity to the cause, which is of an urgent nature. The authorities should take a decision in such matters in a timebound manner. However, the prescribed enquiry/procedure should definitely be followed, keeping in mind all the relevant parameters, including the availability, requirement and equitable distribution of the raw materials to all the bonafide claimants. The Court has made the aforesaid observation so as to prevent unnecessary generation of litigation, when even after obtaining a license from the competent authority, due to non-supply/nonallotment of the raw materials, cases are filed before the High Court.

(Ahsanuddin Amanullah, J) J. Alam/- U