IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33838 OF 2015 (GM-RES) & WRIT PETITION NOS.33891-33893 OF 2015 BETWEEN:
1. M/S SRI SHANKARA MEDICAL STORES AN UNREGISTERED PARTNERSHIP FIRM, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT, NO.818, K.NO.1158/963, MARKET ROAD, DODDABALLAPURA-561 203, BENGALURU RURAL DISTRICT, REPRESENTED BY ITS MANAGING PARTNER SRI.H.N.JAYAPRAKASH 2. SRI.H.N.JAYAPRAKASH S/O LATE H.NAGESHA RAO, AGED ABOUT 55 YEARS, RESIDING AT NO.275, BRAHMINS STREET, DODDABALLAPURA-561 203, BENGALURU RURAL DISTRICT … PETITIONERS (BY SRI. SESHAGIRI RAO, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPT. OF HEALTH AND FAMILY WELFARE, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE ASST. DRUGS CONTROLLER & THE LICENSING AUTHORITY, BENGALURU RURAL CIRCLE, PALACE ROAD, BENGALURU – 560 001.
3. SRI. H.N. JAYASHANKAR, S/O LATE H.NAGESHA RAO, AGED ABOUT 64 YEARS, RESIDING AT NO.1156 & 1157, 5TH MAIN ROAD, A BLOCK, RAJAJINAGAR, 2ND STAGE, BENGALURU – 560 010 (BY SRI. Y.D. HARSHA, ADDITIONAL … RESPONDENTS GOVERNMENT ADVOCATE FOR R-1 & 2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION VIDE ANNEXURE-A AND RENEW THE DRUG LICENSES UPON PAYMENT OF THE NECESSARY STATUTORY FEES AS REQUIRED BY THE STATUTE, PENDING DISPOSAL OF THE FAMILY DISPUTES BETWEEN THE PETITIONER NO.2 AND THE RESPONDENT NO.3 OR SUCH OTHER RE- CONSTITUTION OF THE FIRM AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners inter alia seek for a direction to respondent No.2 to consider the application found at Annexure-A and renew the Drug licenses upon payment of the necessary statutory fees as required by the statute, pending disposal of the family disputes between petitioner Nos.2 and 3 or such other re-constitution of the firm.
2. On perusal of the record, I deem it appropriate to dispose of these writ petitions with a direction to the competent authority to consider and decide the application submitted by the petitioners in accordance with law, if not already decided, by a speaking order within a period of four months from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. Till the application submitted by the petitioners is decided by the competent authority, ad-interim order dated 11.08.2015 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, these petitions are disposed of.
Sd/- JUDGE Mds/-