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Patna High Court

M/s Tridus RemediesversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court permitted the petitioner to withdraw the petition, granted liberty to appeal under Rule 66(2), and stayed the impugned order for thirty days.

Summary

M/s Tridus Remedies filed a writ petition challenging an order of the State Drug Controller-Cum-Chief Licensing Authority. The petitioner sought permission to withdraw the petition and to file an appeal against the impugned order under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. The High Court considered whether the petitioner could be allowed to withdraw the petition and obtain a stay of the licensing authority's order pending appeal. The Court held that the petitioner was entitled to withdraw the petition and granted liberty to file an appeal, staying the impugned order for thirty days. The Court further directed that any application for interim relief before the appellate authority be decided promptly, and in case of non‑consideration, the petitioner could approach the Court again.

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 the impugned order of the licensing authority should be stayed pending the appeal

Legislation cited

Subjects

  • Drug licensing
  • Stay of order
  • Appeal
  • Procedural law
  • Drugs and Cosmetics Rules

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1759 of 2026
                 ======================================================
                 M/s Tridus Remedies Represented by Ahmad Faraz, (Male) aged about 37
                 years, S/o-Abu Mohammed, Resident of Flat No. F5, Emarat Tazeen, Road
                 No. 24, Chitkohra, Ward No. 03, Anisabad, P.O.- Anisabad, District- Patna,
                 Premise situated at Plot No.D-42, D43, Phase- II, Industrial Area, Hajipur,
                 Vaishali- 844102.

                                                                       ... ... 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 Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Ram Shankar Das, Adv.
                                              Mr. Vishan ranjan, Adv.
                 For the Respondent/s   :     Mr. Manish Kumar, Government Pleader (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   04-02-2026                   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.1759 of 2026(2) dt.04-02-2026
                                                         2/2




                       an application for interim relief is preferred before the appellate

                       authority, the same shall be considered forthwith and without

                       any delay. In case such application is not considered, the

                       petitioner will be at liberty to move this Court.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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