This bench allowed the petition, holding that the petitioner must be granted permission to manufacture homeopathic medicines within 60 days, placing them at par with other petitioners under the judgment in C.W.J.C. No.8705 of 2017.
Order directing respondents to grant manufacturing permission within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10011 of 2018
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M/s Homeo Research Lab having its factory situated at Rasalpura, Police Station - Doriganj, District - Saran, through its proprietor Dr. Raghubansh Singh S/o Late Gorakh Nath Singh Resident of House No. 31 M, Mohalla - Salempur, P.S. Chapra Town, District - Saran.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Satyabir Bharti, Advocate MR. Alok Chandra, Advocate Mr. Prakritita Sharma, Advocate For the Respondent/s : Mr. Manish Dhari Singh, AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-07-2018
The issue in question pertaining to granting permission to manufacture Homeopathic medicines and for the said purpose
Patna High Court CWJC No.10011 of 2018 dt.05-07-2018 2/3
use the spirit stands concluded by series of judgments rendered by this Court and it is not necessary now to keep the matter pending. The issue in question has been decided in C.W.J.C. No.6415 of 2016 (Shree Baidyanath Ayurved Bhawan Private Limited vs. The State of Bihar and others) on 27.10.2016 (Annexure 7) and thereafter following the same after dismissal of the civil appeal filed by the State Government, as is evident from Annexure 8, a Co-ordinate Bench of this Court has decided the issue again on 12.2.2018 in C.W.J.C. No.8705 of 2017 (Dr. Md. Anwar Vs. The State of Bihar & Ors.) wherein after analyzing various judgments with regard to the issue in question identical writ petition has been allowed and the writ petition disposed of in terms thereof.
Keeping in view the aforesaid, we allow this writ petition and direct the respondents to grant benefit to the petitioner herein, as has been extended to other petitioners by virtue of the judgment, as are discussed hereinabove. All benefits accruing to the petitioner by virtue of the orders passed, as is indicated hereinabove, particularly in the case of Dr. Md. Anwar (supra), shall also be extended to the petitioner and the petitioner treated identically. The benefit and permission as are admissible and permissible under law shall be granted to the petitioner within a
Patna High Court CWJC No.10011 of 2018 dt.05-07-2018 3/3
period of 60 days from the date of receipt/production of a copy of
this order.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
K.C.Jha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 12.07.2018 |
| Transmission Date | N/A |
3 issues framed by the court
Whether the petitioner is entitled to permission for manufacturing homeopathic medicines as has been granted to others.
What is the time limit for respondents to comply with the court's order granting manufacturing permission?
How should the benefits established in C.W.J.C. No.8705 of 2017 be applied to this case?
Colour shows how this judgement treated each authority
Shree Baidyanath Ayurved Bhawan Private Limited vs. The State of Bihar and othersAffirmed¶22
C.W.J.C. No.6415 of 2016 (Shree Baidyanath Ayurved Bhawan Private Limited vs. The State of Bihar and others)
Dr. Md. Anwar Vs. The State of Bihar & Ors.Affirmed¶22
C.W.J.C. No.8705 of 2017 (Dr. Md. Anwar Vs. The State of Bihar & Ors.)
M/s Homeo Research Lab
State of Bihar
Principal Secretary, Registration, Excise and Prohibition Department
Commissioner, Excise Department
State Drug Controller
Collector, Saran
Chief Justice Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
