Court No. - 3
Case :- WRIT - C No. - 24740 of 2020 Petitioner :- M/S Shree Ji Medical Store Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Abhishek Mishra,Suhail Ahmad Ansari Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 2 to 8; Sri Deepak Singh for the Union of India and perused the record.
The petitioner's business license under The Drugs and Cosmetics Act, 1940 was suspended by order dated 10th August, 2020, passed by respondent no.6, for a period of one month or till removal of defects as were noticed in the notice dated 22nd July, 2020 served upon the petitioner.
The case of the petitioner is that period of one month has already expired and the petitioner has apprised the authority concerned with regard to removal of defects noticed in the notice but, till date, no decision has been taken to restore the license and de-seal the shop of the petitioner. The prayer thus is to quash the suspension order dated 10th August, 2020 and to issue direction upon the sixth respondent to de-seal the medical shop of the petitioner.
Learned counsel for the respondents submitted that since the period of suspension of license has already expired and according to the petitioner, he has removed the defects as noticed in the notice, the appropriate course for the petitioner would be to represent his case to the Licensing Authority, who may take a decision after examining whether defects noticed in the notice have been removed or not.
In view of the above, we deem it appropriate to dispose off the petition by providing that the petitioner shall be at liberty to submit a fresh detailed representation before the Licensing Authority (respondent no.6) disclosing therein that the defects noticed to order suspension of his license has already been removed by the petitioner. If any such representation is filed by the petitioner along with copy of this order, within a period of two weeks from today, the Licensing Authority (respondent no.6) shall get necessary inspection carried out, within next one week, and, thereafter, take an appropriate decision in the matter after giving opportunity of hearing to the petitioner, preferably, within next three weeks.
It is made clear that we have not expressed any opinion as regards the merits of the claim of the petitioner.
The petition stands disposed off. Order Date :- 5.1.2021.
Rks.