M/s Ask Pharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

M/s Ask Pharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to appeal against the impugned licensing order under Rule 66(2) of the Drugs and Cosmetics Rules, 1945; a 30-day stay of the impugned order; and directions that the appellate authority consider any interim-relief application forthwith on its merits, failing which the petitioner may return to this Court.

Issue for consideration

Whether the petitioner may be permitted to withdraw the writ petition with liberty to file an appeal against the impugned order passed by the licensing authority, and what interim protection should apply in the meantime.

Court's answer

Permission was granted to the petitioner to withdraw the writ petition, with liberty to file an appeal against the impugned order in terms of Rule 66(2) of the Drugs and Cosmetics Rules, 1945.

Ratio / Principle

For a period of 30 days from the date of the order (03-07-2026), the impugned order passed by the licensing authority shall remain stayed; the petitioner may move the appellate authority for further stay after filing the appeal.

Key takeaways

Any application for interim relief preferred before the appellate authority shall be considered forthwith on its own merits without any delay; if it is not considered, the petitioner will be at liberty to move this Court again.ratio¶18

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), 03-07-2026, CWJC No.9530 of 2026: writ petition by M/s ASK Pharma against an order of the licensing authority (State Drug Controller-Cum-Chief Licensing Authority and Assistant Drug Controller respondents) was permitted to be withdrawn with liberty to file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. The impugned order was stayed for 30 days; the petitioner was left free to seek further stay from the appellate authority, whose consideration of any interim-relief application was directed to be forthwith and without delay, failing which recourse to this Court remains open. Petition disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9530 of 2026

======================================================

M/s ASK Pharma Represented by Avishek Kumar, (Male) aged about 24 years old, S/o- Gopal Prasad, R/o Kurji Balu par, Neta Ji chowk, P.S.- Phulwari, District- Patna, Premise situated at Vimla Niwas Janta lodging compound, Beni Madhav Lane, G. M. Road Patna.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Health Department, Government of Bihar, New Secretariat, Patna.

The State Drug Controller -Cum- Chief Licensing Authority, New Secretariat, Bihar, Patna.

The Assistant Drug Controller, Drug Control Administration Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Das, Advocate. For the Respondent/s : Mr. Government Pleader (13) with Ms. Shweta Anand, AC to GP 13.

======================================================

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

2 03-07-2026

After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with liberty to file an appeal against the impugned order.

Permission is granted. Let the petitioner file an appeal in terms of Rule 66(2) of the Drugs and Cosmetics Rules, 1945.

For a period of 30 days from today the impugned order passed by the licensing authority shall remain stayed. The petitioner will be at liberty to move the appellate authority for further stay of the impugned order after filing of the appeal. If

Patna High Court CWJC No.9530 of 2026(2) dt.03-07-2026 2/2

an application for interim relief is preferred before the appellate authority, the same shall be considered forthwith on its own merits without any delay. In case such application is not considered, the petitioner will be at liberty to move this Court.

With the above direction, the present writ petition

stands disposed of.

(A. Abhishek Reddy, J)

shakir/-

U