Smt. Dhanalaxmi v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR *** MA/1/2023 Smt Dhanalaxmi Vs.
The Andaman and Nicobar Administration and others Mr. KMB Jayapal .... for the appellant Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondents Mr. Ajay Majhi ... for the private respondent (on behalf of Ms. Anjili Nag) February 13, 2023 [SR] Item No.6 Heard Mr. KMB Jayapal, learned counsel for the appellant, Mr. Shatadru Chakraborty, learned counsel for the Administration and Mr. Ajay Majhi, learned counsel for the private respondent.
The issue involved in the case is when the order of status quo passed by a competent civil court is in operation in between the parties in respect of the property/site, whether the party to the suit who is in possession of the property can be issued with a drug license under the provisions of relevant Act by the Directorate of Health Service/State Drug Controller to run a Pharmacy shop on commercial basis on the said site, which is the subject matter of dispute in an appropriate suit pending before a competent civil court.
When a competent civil court is in sesin over the matter regarding the proprietary right over the suit property over which the petitioner is stated to have possession and has sought for issuance of drug license for running a pharmacy store on the same site, during the operation of the order of status quo, we do not think it just and proper and in
the interest of justice to rule in favour of any of the parties. But law is well settled that the order of status quo means whoever is in possession should remain in possession and whoever has/have been dispossessed or is not in possession should remain as such till completion of trial in the suit. Learned counsel for the petitioner is stated to have submitted a representation before the Director of Health Services/State Drug Controller for consideration of issuance of a commercial license for pharmacy shop on the site in question and that representation is stated to be pending.
Regard being had to the facts and submission and discussion supra, we direct the petitioner to file a detailed representation afresh alongwith copy of this order before the Director of Health Services/State Drug Controller, Andaman and Nicobar Administration within fifteen days hence. The Director of Health Services/State Drug Controller, Andaman and Nicobar Administration is directed to dispose of the representation in accordance with law preferably within a period of two months from the date of receipt of the representation, by passing a reasoned order. If necessary, the parties interested in the lis may be given opportunity of hearing. The decision taken by the authority concerned on such representation be communicated to the petitioner within fifteen days of taking such decision.
Accordingly the order impugned passed by the Hon'ble Single Judge is set aside and the appeal is disposed of. It is made clear that we have not decided the proprietary right over the site in question on merit and the concerned representation to be filed by the petitioner on merit. The competent authority is free to decide the representation filed by the petitioner on merit in accordance with law.
( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )