Authority: High Court of Judicature at Patna
Order Date: 24-06-2026
Case Overview
- Petitioner: M/s Jahanvi Medical Hall, proprietor Jivesh Kumar, Main Road, Rosera, Samastipur.
- Respondents: State of Bihar (Principal Secretary, Health Department), State Drug Controller‑cum‑Chief Licensing Authority, Assistant Drug Controller, Samastipur.
- Reliefs sought: (i) quash order dated 29‑07‑2019 cancelling the drug licence; (ii) declare retail licences No. SMT/56/2014 & SMT/56A/2014 (Form 20) and Form 21 issued on 12‑05‑2014 valid till 11‑05‑2019; (iii) restore licence on ground of no violation of the Drugs & Cosmetics Act and that cancellation was illegal.
- Earlier order dated 23‑10‑2019 granted a stay of the cancellation, allowing the shop to continue operations pending appeal.
- Court observed that petitioner has an alternative effective remedy – filing an appeal before the State Health Department or the concerned licensing authority – which had not been pursued.
Final Outcome
- Petitioner directed to prefer an appeal before the concerned authority within one month of receipt of this order.
- Concerned authority must consider all material on record and pass an appropriate order within three months of the appeal filing.
- Respondent authorities directed to maintain status‑quo (licence remains in effect) until the appeal is disposed of.
- Writ petition stands disposed of.
Topics: License Cancellation, Regulatory Appeal, Judicial Remedy