Patna High Court
M/s Sukhi EnterprisesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court granted permission to withdraw the writ petition, allowed the filing of an appeal under Rule 66(2), and stayed the impugned order for 30 days.
Summary
M/s Sukhi Enterprises, represented by Vijay Kumar, filed a writ petition challenging an order of the State Drug Controller-cum-Chief Licensing Authority. The petitioner sought permission to withdraw the writ application and instead file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. The High Court considered whether the petitioner could be allowed to withdraw and obtain a stay of the impugned order pending appeal. The Court held that the petitioner was entitled to withdraw the writ and was granted liberty to file the appeal, directing a 30‑day stay of the licensing authority's order. The Court further directed that any interim relief application before the appellate authority be decided promptly, and in the absence of such decision, the petitioner could approach the Court again. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition and file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945
- Whether a stay of the licensing authority's order can be granted pending the appeal
Legislation cited
- Drugs and Cosmetics Rules, 1945 — s. 66(2)
Subjects
- writ jurisdiction
- stay of order
- appeal
- drug licensing
- procedural law
- Rule 66(2)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16886 of 2025
======================================================
M/s Sukhi Enterprises Proprietor Vijay Kumar (Male) aged about 53 years
old, S/o- Late Tulsi Lal, Resident of Manmohan Apartment, Flat No.101,
Block- C, Veer Shivaji Path, North S.K Puri Boring Road, P.S.- S.K Puri
District Patna Premise situated at Arunoday Place, Shop No.03 G.M Road
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, New Secretariat, Patna.
2. The State Drug Controller-cum-Chief Licensing Authority, New Secretariat,
Bihar, Patna.
3. The Assistant Drug Controller, Drug Control Administration Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Shankar Das, Adv.
For the Respondent/s : Mr. Mujtabaul Haque, Government Pleader (12)
: Mr. Manish Kumar, AC to GP12
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 08-01-2026 After some argument, learned counsel for the
petitioner seeks permission to withdraw this application with
liberty to file an appeal against the impugned order.
2. Permission is granted. Let the petitioner file an
appeal in terms of Rule 66(2) of the Drugs and Cosmetics Rules,
1945.
3. For a period of 30 days from today the impugned
order passed by the licensing authority shall remain stayed. The
petitioner will be at liberty to move the appellate authority for
further stay of the impugned order after filing of the appeal. If
Patna High Court CWJC No.16886 of 2025(2) dt.08-01-2026
2/2
an application for interim relief is preferred before the appellate
authority, the same shall be considered forthwith on its own
merits without any delay. In case such application is not
considered, the petitioner will be at liberty to move this Court.
4. With the above direction, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
Ayush/-
U
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