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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


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