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2005 Supreme(Del) 85

B.C.PATEL, BADAR DURREZ AHMED, A.K.SIKRI
JOGINDER KUMAR SINGLA – Appellant
Versus
GOVERNMENT OF N. C. T. OF DELHI – Respondent


Advocates Appeared:
AJAY KUMAR, Atul Bhuchar, MOHD.RASHID AHMED, Salem Ahmed

B. C. Patel, C. J.

( 1 ) BY filing this petition, petitioners have prayed for issuance of a writ of prohibition/mandamus or any other appropriate writ or directions, directing the respondents not to issue any drug licence for sale and manufacture of the drugs in any residential premises and has further prayed for directing the respondents to grant licence only in commercial areas. Petitioners are residents of Delhi and are engaged in business of various types of medicines. They have their shops in the market area in a commercial zone which is fully developed by Delhi Development Authority (hereinafter referred to as "the Development Authority" ). The shops occupied by the petitioners are in compliance with the provisions of Municipal Laws, DELHI DEVELOPMENT ACT, 1957 and building bye-laws.

( 2 ) THE petitioners are holders of licences issued under Drugs and Cosmetics act, 1940 (hereinafter referred to as "the Drugs Act") read with Drugs and cosmetics Rules, 1945 (hereinafter referred to as "the Rules") and particularly licences issued under Rule 34 of the Drug Rules. The petitioners are also issued license by Municipal Corporation of Delhi for trading at the same place where they a











































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