Shailesh Kumar Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.9126 of 2016 (7) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9126 of 2016 ====================================================== Shailesh Kumar Sah Son of Sri Sundeshwari Sah, Prop. of Jay Mata Dee Medical Hall, Parwezabad, Gola Bazar, P.S. Sonepur, District - 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 Licensing Authority, Drug Control Administration, Saran at Chapra

4. The Drug Inspector, Drug Conttrol Administration, Saran at Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Sharma, Senior Advocate Mr. Rakesh Kumar Sharma Mr. L.K. Sharma For the Respondent/s : Mr. Ajay Behari Sinha, G.A.8 Mr. Neeraj Raj, A.C. to G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has approached this Court for quashing the order dated 27.01.2016 passed by the Licensing Authority, Drug Control Administration, Saran at Chapra, by which the wholesale licence of the petitioner has been cancelled. The alternative prayer of the petitioner is for a direction to the State authorities to conclude the hearing of appeal preferred by the petitioner on 01.02.2016, which is still pending.

Patna High Court CWJC No.9126 of 2016 (7) dt.12-08-2016 In view of the fact that the appeal is pending for last six months and the cancellation of licence affects the right of the petitioner to carry on business and various issues have been raised therein which this Court is not inclined to entertain during the pendency of the appeal, the writ application is disposed of with a direction to the respondent authorities to dispose of the appeal filed by the petitioner within a period of two months from the date of receipt/production of a copy of this order. It shall be open to the petitioner to make prayer for any urgent interim order in the matter as provided under the Act and Rules, which shall be disposed of forthwith considering the fact that the medicines have an expiry period.

V.P.Sinha/- (Ramesh Kumar Datta, J) U