M/S Shayam Drug Agency vs The State Of Bihar
2022 Latest Caselaw 963 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1070 of 2022
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1. M/S Shayam Drug Agency represented by proprietor Vijay Kumar Pathak (male), aged about 60 years, S/o Nageshwar Pathak, Premise situated at Dhobia Gali, Muzaffarpur, R/o - Kharauna Jayram, P.O.- Kharauna, Dih, P.S.- Kharauna, District - Muzaffarpur.

2. M/S Durga Medical Hall, represented by proprietor Prem Chandra Keshri (male), aged about 56 years, S/o Gupteshwar Prasad, premise situated at Durgawati Mohaniya, Kaimur, (Bhabhua) District - Kaimur.

3. M/S Avijit Medical Hall, represented by proprietor, Amit Kumar Thakur (male), aged about 39 years old, S/o Gayatri Thakur, premise situated at NH.- 2, Durgawati, District - Kaimur, Resident of Gram- Kekaraha, P.O.- Ruppur, Kaimur (Bhabhua), District - Kaimur.

4. M/S Maharsi Menhi Medical Hall, represented by proprietor Buddhdev Arya (male), aged about 44 years old, S/o Brahamdeo Arya, premise situated at Beldaur, Khagaria, Resident of Ward No. 18, Kali Asthan Road, Beldaur, District - Khagaria.

5. M/S Satyam Enterprises Represented by Proprietor Seema Kumari (female), aged about 50 years, W/o - Nabonath Jha, Premise situated at Sahganj, Benta, Laharia Sarai, Darbhanga R/o- Road No. 2, Kabir Chak, P.S.- Laharia Sarai, District - Darbhanga.

6. M/S New Metro Surgical, Represented by Proprietor Md. Jawaid Ali (male), aged about 46 years, S/O - Haji Abdul Subhan, Premise Situated at G.M. Road, Patna, R/O - Pakki Gorayiya, Mogalpura, Mahavir Asthan, Patna City, Police Station- Khajekala, District - Patna.

7. M/S Gleen Medical Agency, represented by proprietor Madhusudan Kumar, aged about 63 years, S/o Late Rajeshwari Prasad Singh, R/o 3a, Arya Kumar Road, Shri Ram Enclave Rajendra Nagar, P.S. Kadamkuan, District - Patna, premise situated at Raghunath Nagar, Jakariyapur, New Bye Pass Road, P.O.

- Pahari, P.S.- Ram Krishna Nagar, District - Patna.

8. M/S Shyam Medico, represented by proprietor Ashok Kumar (male), age about 56 years old, S/o Chiranji Lal, Premise situated at Arya Kumar Road, Rajendra Nagar Patna, R/o Muskan Harihar Complex, Rajendra Nagar, Road No. 10, A.P.S. Kadamkuan, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.

2. The Additional Chief Secretary cum Appellate Authority, Health Department, Bihar, New Secretariat, Baily Road, Patna.

3. The Joint Secretary, Health, Department, New Secretariat, Baily Road, Patna.

4. The State Drug Controller, Bihar, New Secretariat, Baily Road, Patna.

... ... Respondent/s ====================================================== Patna High Court CWJC No.1070 of 2022 dt.04-02-2022

Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Advocate Mr. Abhay Kumar, Advocate For the Respondent/s : Mr. S.D. Yadav, AAG-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================

Date : 04-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.1070 of 2022 dt.04-02-2022

Shri S.D. Yadav, learned Additional Advocate

General No. 9 states that the Appellate Authority,

constituted under the provisions of the Drugs and

Cosmetics Act, 1940 and the rules framed thereunder, is

very much functional and operational. In fact, the appeals

preferred by some of the petitioners already stands

disposed of and the remaining appeals shall positively be

considered and decided in accordance with law within a

period of eight weeks from today.

Statement accepted and taken on record.

We see no reason to interfere in the present

petition, for the averments made out in the present petition

with regard to non-functional of the Appellate Authority

does not appear to be correct and the pending appeals

preferred by the writ petitioners would be disposed of

within a time bound period.

As such, the present petition stands disposed of. Patna High Court CWJC No.1070 of 2022 dt.04-02-2022

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 09.02.2022 Transmission Date