M/S M. Lal Agency v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12975 of 2019 ====================================================== M/s M. Lal Agency through its Pradeep Kumar Lal, (Male), aged about 61 years, Son of Binod Bihari Lal, G.P. Road Punjabi Colony, New Godawn, P.S. Kotwali, Distt. Gaya.

... ... Petitioner

Versus

1.

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

2.

The State Drug Controller, Bihar, Patna.

3.

The Assistant Drug Controller-Drug Control Administration, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandeep Kumar, Advocate Mr.Rohit Raj Advocate For the Respondent/s :

Mr. Aadetynath Jha, AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2019 Learned counsel for the petitioner submits that the petitioner has preferred statutory appeal before the Minister, Health, Government of Bihar on 10.06.2019 with a prayer for interim stay but till date even the appeal has not been duly registered and no notice has been issued.

It is submitted that the license of the petitioner has been suspended for 60 days and if this is the position that the appeal has not even been numbered properly, if no interim order is passed by this court, the petitioner will have to suffer the order passed by the licensing authority without availing the remedy of appeal.

Learned counsel for the State submits that he will

Patna High Court CWJC No.12975 of 2019(2) dt.28-06-2019 2/2 advise the Department to register and deal with the appeal at the earliest opportunity.

In the given facts and circumstances of the case, this writ application is being disposed of with direction to the appellate authority to register the appeal, hear all the concerned parties and pass an appropriate order thereon within a period of two months from the date of receipt/production of a copy of this order.

Till disposal of the appeal, the operation of the impugned order passed by the Assistant Drug Controller, Drug Control Administration, Gaya suspending the license of the petitioner for a period of 60 days shall remain stayed. Rajeev/- (Rajeev Ranjan Prasad, J) U