Patna High CourtCWJC/9490/2016disposal with observation

M/S. Kamalawati Drug Agency v. The State Of Bihar And ORS

2016-07-28Mr. Justice Ramesh Kumar Datta2 pages

Patna High Court CWJC No.9490 of 2016 (2) dt.28-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9490 of 2016 ======================================================

1. M/s. Kamalawati Drug Agency , Proprietor Chandraket Narayan Singh S/o late Lal Bahadur Singh Station Road, PS Madhaura, Distt Saran at Chapra.

.... .... 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 Lecensing Authority , Drgu Control Administratrion Saran at Chapra.

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

For the Petitioner/s : Mr. Ram Shankar Das For the Respondent/s : Mr. Deepak Sahay Jamuar, J.C. to AAG- 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner had earlier also filed C.W.J.C. No.5222 of 2016, which was disposed of by order dated 01.04.2016 with the observation that if the appeal filed before the Appellate Authority is not disposed of within a period of two months, the petitioner would be at liberty to file a fresh writ application for relief sought for cancelling and staying the order. The other liberty was granted to the petitioner to make an application for staying the order of cancellation before the Appellate Authority and it was expected that the Appellate Authority would at least dispose of the petition

Patna High Court CWJC No.9490 of 2016 (2) dt.28-07-2016 for stay, if filed, expeditiously.

It is submitted by learned counsel for the petitioner that nothing has been done by the Appellate Authority till now, neither the stay petition nor the appeal has been considered and the matter is lingering before the Appellate Authority.

In the aforesaid view of the matter, the writ application is disposed of with the direction that the impugned order dated 27.01.2016, by which the drug licence of the petitioner has been cancelled, shall remain stayed until the disposal of the appeal filed by the petitioner before the competent authority. (Ramesh Kumar Datta, J) V.P.Sinha/- U