M/S Popular Homoeo Pharmacy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15834 of 2019 ====================================================== M/s Popular Homoeo Pharmacy Proprietor Jitendra Sah (Male), aged about 59 years, S/o Late Dr. Narayan Sah, Premises situated at Sabzibagh, Patna, R/o Jamun Gali Sabzibagh, P.S.-Pirbahore, Distt-Patna... ... Petitioner

Versus

1.

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

The State Drug Controller-Drug Control Administration Bihar, Patna 3.

The Assistant Drug Control Patna Municipal Corporation Area, N.M.C.H. Campus, Patna 4.

The Drug Inspector Patna-05, Gardener Road, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Das, Advocate For the Respondent/s :

Mr.Upendra Kumar Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-08-2019 If the Drugs and Cosmetics Rules, 1945 provides that an applicant has to apply for renewal of a license within a maximum period of six months of its expiry and the petitioner has admittedly failed to apply for the renewal of license within the statutory period, this Court finds no reason to exercise its extraordinary writ jurisdiction to issue a mandamus contrary to the statute. It is well settled in law that the Court will not issue a direction against the statutory provision.

In the admitted facts of the case, this Court is of the considered opinion that the writ application has no merit, it is dismissed accordingly.

(Rajeev Ranjan Prasad, J) vats/ved U