Prakash Medical Hall v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24084 of 2018 ====================================================== Prakash Medical Hall, Ward no. 14, G.B. road, PS-Kotwali, Dist-Gaya, engaged in Sale and Distribution of Drugs and being represented through its one of the partner Sagar Rohra s/o Late Bhanu Prakash Rohra, r/o New Godown, Punjabi colony, PS-Kotwali, Dist-Gaya ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna

2. The State Drug Controller, Directorate of Health Services, Bihar, Patna

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

4. The Drug Inspector, Drugs Control Administration, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Kumar For the Respondent/s :

Mr. Nagendra Pd. Yadav- Sc23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2018 After some arguments, the learned counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to file an appeal against the impugned order dated 30.11.2018.

In view of the limited prayer made on behalf of the petitioner, the present writ petition is disposed of as withdrawn with liberty to the petitioner to file an appeal before the appropriate authority in accordance with Rule 66(2) of the Drugs and Cosmetics Rules, 1945. It is further directed that no sooner the appeal is presented by the petitioner, the operation of the impugned order passed by the Licensing Authority dated

Patna High Court CWJC No.24084 of 2018(2) dt.19-12-2018 2/2 30.11.2018 shall remain inoperative till disposal of the appeal. The writ petition is disposed of as withdrawn with the aforesaid liberty and direction.

(Mohit Kumar Shah, J) rinkee/- U