Patna High CourtCWJC/3010/2017disposed

M/S New Megha Medical Hall v. The State Of Bihar And ORS

2017-03-23Mr. Justice Shivaji Pandey2 pages

Patna High Court CWJC No.3010 of 2017 (2) dt.23-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3010 of 2017 ====================================================== M/s New Megha Medical Hall Proprietor Uttam Sah S/o Late Siya Ram Sah R/o Station Road Sultanganj, P.O. + P.S. Sultanganj, District - Bhagalpur. .... .... Petitioner/s

Versus

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

2. The Assistant Drug Controller-Drug Control Administration, Bhagalpur.

3. The Licensing Authority Drug Controller-Drug Control Administration Town Area Bhagalpur.

4. The Drug Inspector Town Area Bhagalpur.

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

For the Petitioner/s : Mr. Ram Shankar Das For the Respondent/s : Mr. Mujtabaul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the action of the Assistant Drug Controller, Bhagalpur whereby and whereunder he has cancelled the drug licence of the petitioner, vide letter no. 198 dated 17/12/2016, which led to closure of the running medical shop of the petitioner.

The basic grievance has been raised by the petitioner that the Assistant Drug Controller, Bhagalpur without following the due procedure of law, has cancelled the licence of the petitioner, against that, he has filed an appeal before the Appellate Authority i.e. concerned Minister of the Department, vide

Patna High Court CWJC No.3010 of 2017 (2) dt.23-03-2017 Annexure-5 to the writ application, which is pending. He submits that he has incurred immense loss on account of closure of his business and makes a prayer that till the disposal of the appeal, he should be allowed to run the aforesaid shop.

Let the Appellate Authority decided the appeal of the petitioner within a period of three months from the date of receipt/production of a copy of this order.

In the meantime, the petitioner is at liberty to run his business till the disposal of the appeal.

With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U