Patna High Court
M/s ASK PharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court held that the petitioner is entitled to withdraw the petition, file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945, and the impugned order is stayed for thirty days.
Summary
M/s ASK Pharma filed a writ petition challenging an order of the State Drug Controller and related authorities. The petitioner sought permission to withdraw the petition and to appeal the order. The Patna High Court allowed the withdrawal and directed the petitioner to file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. The court stayed the impugned order for thirty days and permitted the petitioner to seek interim relief before the appellate authority. It further ordered that any interim relief application be decided promptly, and if not, the petitioner could approach the court again. With these directions, the writ petition was disposed.
Issues considered
- Whether the petitioner may withdraw the writ petition and be granted a stay of the impugned order pending appeal
- Whether the court can direct filing of an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945
Legislation cited
- Drugs and Cosmetics Rules, 1945 — s. Rule 66(2)
Subjects
- withdrawal of petition
- stay of order
- appeal
- Drugs and Cosmetics Rules
- licensing authority
- interim relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9530 of 2026
======================================================
M/s ASK Pharma Represented by Avishek Kumar, (Male) aged about 24 years
old, S/o- Gopal Prasad, R/o Kurji Balu par, Neta Ji chowk, P.S.- Phulwari,
District- Patna, Premise situated at Vimla Niwas Janta lodging compound,
Beni Madhav Lane, G. M. Road Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the 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, Advocate.
For the Respondent/s : Mr. Government Pleader (13) with
Ms. Shweta Anand, AC to GP 13.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 03-07-2026 After some arguments, 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.9530 of 2026(2) dt.03-07-2026
2/2
an application for interim relief is preferred before the appellate
authority, the same shall be considered forthwith on its own
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)
shakir/-
U
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