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CHEEKATI MANAVENDRANATH ROY
Amrutha Sai Medical & General Stores, rep. by its Proprietor – Appellant
Versus
State of Andhra Pradesh rep. by its Principal Secretary, Medical & Health Department – Respondent
ORDER :
This Writ Petition for mandamus is filed to declare the action of respondent No.4 in cancelling the drug licence of the petitioner without giving reasonable opportunity to the petitioner, as illegal and violative of principles of natural justice and consequently, prayed to set aside the impugned order, dated 19.01.2019.
2. The petitioner is M/s.Sri Amrutha Sai Medical and General Stores, represented by its proprietor, doing business in running a medical shop. Licence in Form-20 and 21 bearing No.232, dated 23.01.2013, was granted to the petitioner by the licensing authority to do the said business and the said licence is valid upto 22.01.2023.
3. While the petitioner was doing the said business from the year 2013, as per the aforesaid licence that was granted to the petitioner, earlier on 29.06.2017, the Drug Inspector, Adoni, inspected the business premises of the petitioner and noticed that the petitioner has contravened certain provisions of law mentioned in the inspection report. After following the due process of law, 4th respondent has suspended the drug licence of the petitioner under Rule 66(1) of the Drugs and Cosmetics Rules, 1945 (for short, “the Rules”) for a perio
The order suspending a licence is invalid if issued without granting an opportunity for a hearing, violating principles of natural justice.
Cancellation of drug licenses without serving show cause notice violates Rule 159 of Drugs and Cosmetics Rules, 1945 and natural justice principles, vitiating the order; fresh notice and hearing dire....
The cancellation of a license under the Odisha Excise Act, 2008 without providing reasonable notice or opportunity to be heard violates the principles of natural justice, rendering the order invalid.
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