IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16577 of 2025 ======================================================

M/s Syndicate Pharma through its proprietor Surendra Prasad S/o Late Bishwanath Prasad, resident of Govind Mitra Road, Kamla Place, P.S-

Pirbahore, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

3. The State Drugs Controller, Department of Health, Govt. of Bihar, 4th Floor, Vikas Bhavan, New Secretariat, Patna.

4. The Asst. Drugs Controller, Patna (Municipal Corporation Area) Circle, Third Floor, Gardanibagh Hospital Campus, Gardanibagh, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Adv.

For the Respondent/s : Mr. Kumar Manish, Standing Counsel (5)

: Mr. Prashant Kumar, AC to SC5 ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

6 23-02-2026 Learned counsel appearing on behalf of the petitioner submits that against the order of cancellation of the PDS license dated 30.06.2025, the petitioner has preferred a representation to the respondent No. 4. However, the said representation is pending adjudication and till date the same has not been disposed of. Learned counsel submits that under similar circumstances, this Hon’ble High Court in CWJC No. 10005 of 2017 dated 23.08.2017 in the case of M/s New Gaurav Pharma Vs. State of Bihar and Ors. reported in 2017(2) Drugs Cases representation pending before it has permitted the petitioner to run the medicine shop pending the disposal of the said representation.

2. Learned counsel appearing on behalf of the respondent-State submits that the present writ petition may be disposed of directing the appellate authority to consider the representation filed by the petitioner on merits by fixing a time frame.

3. Admittedly, in this case, the petitioner’s license was cancelled vide order dated 30.06.2025 and thereafter, petitioner has filed a representation before the respondent No. 4 on 01.09.2025 under Rules 66A of the Drugs & Cosmetics Rules, 1945 but till date the authorities have not passed any orders.

4. This Hon’ble Court in CWJC No. 10005 of 2017 dated 23.08.2017 reported in 2017(2) Drugs Cases (DC) 81 under the similar circumstances has held as under;

“Petitioner is licence holder for running the medicine shop. An inspection was conducted without following due process and licence of the petitioner has been cancelled. Against that order petitioner filed an appeal before the appellate authority under Rule 66(2)

date the appeal has not been disposed of.

In such view of the matter, this of the appeal within a period of four months from the date of receipt/production of a copy of this order.”

5. Having regard to the above facts, the present writ petition is disposed of directing the respondent No. 4 to dispose of the representation made by the petitioner as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. It is needless to observe that before passing any orders, the petitioner shall be granted an opportunity of hearing. Any orders passed shall be communicated to the parties.

6. Till such time the final orders are passed, the petitioner is permitted to run his medicine shop and sell the medicines. It is made clear that the relief granted by this Court will not create any semblance of right in favor of the petitioner and the running of the shop is subject to the final result of the representation/ application filed under Rule 66A of the Drugs

7. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J)

Ayush/-

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