Patna High Court
M/s Jahanvi Medical HallversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner has an alternative remedy of filing an appeal before the concerned authority.
Summary
The petitioner, Jahanvi Medical Hall, challenged the cancellation of its drug licence by the Assistant Drug Controller on 29 July 2019, alleging that the cancellation was made without considering the material on record and on non‑existent grounds. The High Court had earlier stayed the operation of the cancellation order on 23 October 2019, allowing the shop to continue operating. On hearing the parties, the Court observed that the petitioner has an alternative effective remedy – an appeal before the State Health Department or the concerned licensing authority – which has not been pursued. Consequently, the Court directed the petitioner to file such an appeal within one month and the authority to decide the matter within three months, while maintaining the status quo. The writ petition was therefore disposed of.
Issues considered
- What is the appropriate remedy for a party aggrieved by the cancellation of a drug licence – a writ petition or an appeal before the licensing authority?
Legislation cited
Subjects
- drug licence cancellation
- writ petition
- alternative remedy
- stay order
- administrative law
- health department appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18009 of 2019
======================================================
M/s Jahanvi Medical Hall Proprietor Jivesh Kumar S/o Sri Dharamdev
Thakur, Premises situated at Main Road, Rosera, Samastipur, R/o Ward
No.15, P.S.- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, New Secretariat, Patna.
2. That State Drug Controller-cum-Chief Licensing Authority, New Secretariat,
Bihar, Patna.
3. The Assistant, Drug Controller-cum-Licensing Authority, Drug Control
Administration, Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Shankar Das, Adv.
For the Respondent/s : Mr.Nagendra Prasad Yadav (SC23)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 24-06-2026
1. The Writ petition is filed for the
following reliefs:
i. To quash the order dt.
29.07.2019 as contained in Memo
no. 488 passed by the Assistant,
Drug Controller Cum Licensing
Authority, Drug Control
Administration, Samastipur, by
which the Drug Licence of the
medicinal Shop of the petitioner
has been cancelled without
considering the material available
on the record & illegally on non-
est ground.
ii. To treat the retail
licence of the petitioner,
Patna High Court CWJC No.18009 of 2019 dt.24-06-2026
2/4
No.SMT/56/2014 & SMT/56A/2014
(Form 20) and Form 21 which was
issued on 12.05.2014 to be valid
and operative till 11.05.2019.
iii. To direct the
respondents to restore the license
of the petitioner forthwith on the
ground that the petitioner has not
violated any act and rules there
under as well as the provision
under Drugs & Cosmetics Act. The
Licensing authority illegally with
malafide and ulterior motive
cancelled his license on the
ground that the chalan was not
deposited in treasury with late
fine whenever the petitioner
already produced the relevant
documents regarding I.D proof,
Aadhar card, pan card, mobile
number and Aadhar Card of
competent person as well as
mobile number including
qualification of competent
authority with registration and
photocopy of Licence/Pharmacist.
2. This Court, vide order dated
23.10.2019, granted stay of the operation of the
impugned order contained in Annexure-6 to the
Writ application. The contents of the writ
application clearly disclose that the licence of the
petitioner was issued on 12.05.2014 for a period of
five years and, in fact, its validity period was
Patna High Court CWJC No.18009 of 2019 dt.24-06-2026
3/4
cancelled with effect from the date of issuance of
the said license. The petitioner submitted that the
challan for renewal of the licence was produced
before the Assistant Drug Controller. Despite
production of a valid copy of the challan and the
renewal application, the Assistant Drug Controller
cancelled the license w.e.f. the date of its issuance.
The said fact cannot be permissible under the law.
Considering the illegality done by the Assistant
Drug Controller, this Court had granted stay of the
operation of the impugned order, and the
petitioner has continued to run the medical shop
till date.
3. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents, and perused the record.
4. However, this Court considered that
an alternative effective remedy is available to the
petitioner by way of preferring an appeal before
the State Health Department/concerned authority.
Without availing the said remedy, the present Writ
petition has been filed.
Patna High Court CWJC No.18009 of 2019 dt.24-06-2026
4/4
5. Taking into consideration that the
petitioner has has an alternative remedy, he is
directed to prefer an appeal before the concerned
authority within one month from the date of receipt
of this order. In turn, the concerned authority shall
consider the entire material available on record
and pass an appropriate order within three months
from the date of filing of the appeal. Further, this
Court directs the respondent authorities to
maintain status quo till the appeal is disposed of.
6. With the aforesaid observation, the
Writ petition stands disposed of.
7. Interlocutory Application, if any, shall
disposed of.
(G. Anupama Chakravarthy, J)
AMANDEEP/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.06.2026
Transmission Date
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.