Bombay High Court
WP/16038/2022 of M/S ZENO HEALTH THR. DIRECTOR RAJENDRA SINGH Vs THE ASSI. COMMISSIONER (ZONE-7) AND ANR on 30 December 2022
C.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16038 OF 2022 M/s Zeno Health Through Director Rajendra Singh …Petitioner Versus The Assistant Commissioner (Zone-1) And Anr. …Respondents --------- Mr.Kalpesh U. Patil, for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION
WRIT PETITION NO.16038 OF 2022
M/s Zeno Health Through Director Rajendra Singh VersusThe Assistant Commissioner (Zone-1) And Anr.
…Petitioner
…Respondents
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Mr.Kalpesh U. Patil, for Petitioner.Mr.A.I. Patel, AGP for Respondents.
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CORAM : M.M.SATHAYE, J.
P.C. :
DATED : 30[th] DECEMBER, 2022 (Vacation Court)
1.Rule. Learned AGP waives service on behalf of Respondents. Rule ismade returnable forthwith.
2.By this petition filed under Article 226 and 227 of the Constitution ofIndia, Petitioner is praying for direction to Respondent No.2 to passappropriate order in the Appeal No. 22/601-22/Zo-1 filed by the Petitioner onmerits and for interim protection till the decision in the appeal is taken. Heardlearned counsel for the Petitioner and learned AGP for Respondent Nos.1 & 2.
3.Learned counsel for the Petitioner has invited this Court’s attention tothe order dated 12.09.2022 passed by the Assistant Commissioner (Zone-1)and Licensing Authority, Food and Drugs Administration, Thane. By this orderthe license to run medical shop of the Petitioner is directed to be suspended from 01.01.2023 to 30.01.2023. Learned counsel for the Petitioner submittedthat after the suspension order dated 12.09.2022 was passed, the Petitionerhas filed statutory appeal before the State Government on 10.11.2022. Hefurther submitted that by notice dated 18.11.2022, the Petitioner was calledfor hearing in the said appeal on 28.11.2022, when the Petitioner appearedbefore the State Government and submitted documents in support of his caseand the matter is closed for order.
4.Learned AGP on the other hand contended that the appeal is filed onlyrecently and just a month has passed and there is no pressing need to passorder.
5.Since suspension to run medical shop has bearing on availability ofmedicines and since the appeal filed by the Petitioner is pending andarguments are concluded, this Court is of the view that the petition itself canbe disposed off by directing the Respondents to decide the appeal in timebound manner. In that view of matter, following order is passed.
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ORDER
i.Respondent No.2 is directed to decide Petitioner’s AppealNo.22/601-22/Zo-1 within a period of three weeks from today on merits. Tillthe time the said appeal is decided, the suspension order dated 12.09.2022passed in respect of Petitioner’s shop, shall remained stayed.
ii.This court has not expressed any opinion on the merits of the Petitioner’scase in appeal and the same be decided in accordance with law.
iii.Respondent No.2 to communicate the order that will be passed in theappeal, to the Petitioner within a period of one week from the date of thedecision.
iv.The writ petition is disposed off. Rule is made absolute in the aforesaidterms. No order as to costs.
(M.M.SATHAYE, J.)