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High Court Of ChhattisgarhWPC/1493/2017disposed off

M/S Laxmi Medical Store v. State Of Chhattisgarh

2017-10-09Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.1493 of 2017 M/s Laxmi Medical Store C-15, Housing Board Colony, Balco, Distt. Korba Chhattisgarh, Through Its Proprietor Amarlal Adwani, Aged About 51 Years, S/o Late Shri Jiwatram Adwani, C-15, Housing Board Colony, Balco, Distt. Korba Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department Mantralaya, Naya Raipur, Distt. Raipur (Chhattisgarh)

2. The Controller, Food And Drug Administration Fourth Floor Block 1, Indravati Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh)

3. Drug Licensing Authority, Food And Drug Administration, C/o Chief Medical And Health Office, Rajgamar Road, Kosabadi, Distt. Korba (Chhattisgarh)

4. Chief Medical And Health Officer, Rajgamar Road, Kodabadi, Distt. Korba (Chhattisgarh)

5. Satyendra Kumar Dubey, S/o Shri Yogendra Dubey, R/o C/15, Housing Board Colony, Balco, Distt. Korba Chhattisgarh. ---- Respondents For Petitioner :

Mr.Parag Kotecha, Advocate For Res.No.1 to 4 :

Mr.Gary Mukhopadhay, Dy.G.A.

For Respondent No.5 :

Mr.Dharmesh Shrivastava, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/10/2017

1. Learned Deputy Government Advocate for respondents No.1 to 4/State would submit that the impugned order is appealable before the State Government under Section 64 (3) of the Drugs and Cosmetics Rules, 1945.

2. Learned counsel for the petitioner would submit that the petitioner may be allowed to prefer an appeal within 10 days from today and in the meantime, interim relief granted on 19.5.2017 be continued.

3. Prayer appears to be fair and reasonable.

4. The petitioner is permitted to prefer an appeal within 10 days from

today before the State Government/Appellate Authority and in turn, the State Government/Appellate Authority shall consider and dispose of the same within 45 days from the date of filing of the appeal after hearing the petitioner and interim relief granted on 19.5.2017 shall remain in operation for the aforesaid period.

5. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-