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Patna High Court

M/S Ravi Pharma Proprietor Surendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the petitioner to withdraw the writ petition, granted a 30‑day stay of the licensing authority’s order, and permitted filing of an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945.

Summary

The petitioner, M/s Ravi Pharma, sought permission to withdraw its writ petition and to file an appeal against an order of the licensing authority. The court allowed the withdrawal and directed the petitioner to file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. A stay of the impugned order was granted for 30 days, with liberty to seek further stay before the appellate authority. The court also directed that any interim relief application before the appellate authority be decided promptly, and if not, the petitioner could approach the High Court again. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be permitted to 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 filing of the appeal

Legislation cited

Subjects

  • withdrawal of writ petition
  • stay of order
  • appeal under Drugs and Cosmetics Rules
  • licensing authority
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17508 of 2025
                 ======================================================
                 M/S Ravi Pharma Proprietor Surendra Kumar S/o- Late Kedar Prasad,
                 Resident of Vill. Bharaundha, P.S.-Gurua, District Gaya, Premise situated at
                 Shop No.02, Ground floor, Sharda Ghosh Lane, 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
                 For the Respondent/s   :      Mr. Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

3   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

                   an application for interim relief is preferred before the appellate

                   authority, the same shall be considered forthwith on its own
          Patna High Court CWJC No.17508 of 2025(3) dt.08-01-2026
                                                     2/2




                    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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