Patna High Court
M/s Tridus RemediesversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- A ABHISHEK REDDY
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
- Drugs and Cosmetics Rules — s. Rule 66(2)
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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