B.K. German Homeo Pharma vs The State Of Bihar
2023 Latest Caselaw 5383 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.14042 of 2023
     ======================================================

B.K. German Homeo Pharma a licenced proprietorship homeopathic medicine concern having its registered office as Village Dalishmanchak, P.S. Barh, District Patna through its proprietor Braj Kishore Prasad, male, aged about 57 years, S/o Late Jagdish Prasad, r/o Village Dalishmanchak, P.S. Barh, District Patna.

... ... Petitioner.

Versus

1. The State of Bihar through the Principal Secretary, Department of Prohibition Excise and Registration (Excise), Government of Bihar.

2. The Principal Secretary, Department of Prohibition Excise and Registration (Excise), Government of Bihar, Patna.

3. The Excise Commissioner, Department of Prohibition Excise and Registration (Excise), Bihar.

... ... Respondents.

====================================================== Appearance :

For the Petitioner : Mr. Patanjali Rishi, Advocate. For the State : Mr. Vivek Prasad ( GP- 7 ).

Ms. Supragya, AC to GP-7.

Ms. Roona, AC to GP-7.

Ms. Manisha Singh, AC to GP-7.

Mr. Sanjay Kumar, AC to GP-7.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 17-10-2023

In the instant writ petition, the petitioner has prayed

for the following relief(s):

" (i) For issuance of a writ in the nature of

mandamus or any other writ of the

like nature thereby directing the

respondents to grant licence to the

petitioner for supply storage and use Patna High Court CWJC No.14042 of 2023 dt.17-10-2023

of 5000 liters of ethyl alcohol 90-

                                          95%      v/v   HPI    per   month   for

                                          preparation      of         homeopathic

                                          medicines.

(ii) For issuance of a writ in the nature of

mandamus or any other writ of the

like nature thereby directing the

respondent authorities to allow the

petitioner to supply store and use

ethyl alcohol for preparation and sale

of homeopathic medicines during the

pendency of this writ petition.

(iii) For issuance of any other writ, order,

or direction for which the petitioner

may be adjudicated to be entitled for

at the time of disposal of the present

petition."

2. In support of the aforementioned relief, the

petitioner has submitted representation on 31.01.2022 and the

same has not been considered. On the other hand, it has been

deferred for want of certain Rules to be framed.

3. Taking note of material information, the Excise Patna High Court CWJC No.14042 of 2023 dt.17-10-2023

Commissioner is hereby directed to pass a speaking order on

the petitioner's application within a period of eight weeks from

the date of receipt of this order and communicate the order to

the petitioner at the earliest.

4. Accordingly, the present writ petition stands

disposed of.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023.
Transmission Date       NA