M/S Lal Medical v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12652 of 2019 ====================================================== M/s Lal Medical G.B. Road, New Godown, P.S. Kotwali, District- Gaya, Engaged in Sale and Distribution of Drugs and being represented through its Proprietor Monika Lal, aged about 30 years, Gender - Female, W/o Sri Pratik Kumar Lal, Resident of Punjabi Colony, P.O. Head Post Office, P.S. Kotwali, District- Gaya.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, New Secretariat, Government of Bihar, Patna. 2.

The State Durg Controller, , Directorate of Health Services, Bihar, Patna. 3.

The Assistant Drug Controller-Cum-Licensing Authority, Drug Control Administration, Gaya.

4.

The Drug Inspector, Sadar gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Kumar, Advocate For the Respondent/s :

Mr.S.D. Yadav (AAG9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2019 Interlocutory Application No. 01/2019 has been filed seeking amendment in the relief portion of the writ application. There is no objection to the same. I.A. No. 01/2019 is thus allowed.

Let the reliefs prayed in the Interlocutory Application be treated as part and parcel of the writ application.

Petitioner, in the present case, has already preferred statutory appeal against the order contained in

Patna High Court CWJC No.12652 of 2019(2) dt.26-06-2019 2/3 Memo No. 500 dated 30.05.2019 passed by the Assistant Drug Controller-cum-Licensing Authority, Drug Control Administration, Gaya by which the license of the petitioner has been placed under suspension for a period of 60 days. Learned counsel for the petitioner submits that the impugned order has been passed without giving an adequate opportunity of hearing to the petitioner and even before expiry of 15 days period granted to the petitioner. It is however submitted that since the appeal preferred before the Appellate Authority, Department of Health, Government of Bihar is not likely to be heard in near future, if no interim protection is granted till hearing of the appeal, despite availability of remedy to the petitioner, he would have to undergo the entire period of suspension in want of hearing. Mr. S.D. Yadav, learned A.A.G.-IX is present and submits that he would advise the concerned appellate authority to dispose of the appeal at the earliest and will be done within two weeks.

In the given facts and circumstances, the appellate authority is directed to consider the appeal preferred by the petitioner and dispose it of as soon as possible after giving

Patna High Court CWJC No.12652 of 2019(2) dt.26-06-2019 3/3 an appropriate opportunity of hearing to the petitioner. Till consideration of the appeal of the petitioner and passing of the order by the appellate authority, the operation of the impugned order shall remain stayed. Rajeev/- (Rajeev Ranjan Prasad, J) U