Gauhati High Court

WP(C)/1663/2026 of SRI BIJOY KRISHNA DEY Vs THE STATE OF ASSAM AND OTHRS on 27 April 2026

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GAHC010053892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1663/2026 SRI BIJOY KRISHNA DEY S/O- LATE RAKHAL CHANDRA DEY, R/O- DHING BAGAN, P.O AND P.S- DHING, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS

GAHC010053892026

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1663/2026

SRI BIJOY KRISHNA DEY

S/O- LATE RAKHAL CHANDRA DEY,

R/O- DHING BAGAN,

P.O AND P.S- DHING, DIST- NAGAON, ASSAM

VERSUS

THE STATE OF ASSAM AND OTHRS

REPRESENTED BY THE COMMISSIONER SECRETARY TO THE

GOVERNMENT OF ASSAM, HEALTH FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI.PIN - 781006.

2:THE DISTRICT COMMISSIONER

NAGAON

ASSAM

PIN-782001

3:THE CIRCLE OFFICER

DHING REVENUE CIRCLE

P.O AND P.S- DHING

DIST-NAGAON

ASSAM

PIN-782123

4:THE INSPECTOR OF DRUGS

O/O THE DRUGS CONTROL ADMINISTRATION

DIST-NAGAON

ASSAM

PIN-782001

5:THE SUB DIVISIONAL MEDICAL OFFICER

O/O THE JOINT DIRECTOR OF HEALTH SERVICES

DIST-NAGAON

ASSAM

PIN-78200

For the Petitioner(s) : Mr. K. Baruah, Advocate For the Respondent(s) : Mr. D. Upamanyu, SC, Health Mr. R. Talukdar, Govt. Advocate

BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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O R D E R

28.04.2026

Mr. K. Baruah, the learned counsel appearing on behalf of the Petitioner submitted that the Petitioner would like to withdraw the instant writ petition with the liberty to refile. The learned counsel for the petitioner further submitted that in the meantime, pursuant to the sealing of the pharmacy which is challenged in the instant proceedings, the license of the Petitioner as a Pharmacist was cancelled and the said cancellation was under challenge in another writ proceedings being WP(C) No.2020/2026. The learned counsel for the Petitioner submitted that the learned Coordinate Bench of this Court vide an order dated 27.04.2026 disposed of the said writ petition with a direction to the Appellate Authority to dispose of the Appeal within a period of 30 days. He, therefore, submitted that in the circumstance, if the Appeal is allowed, the Petitioner should be given the liberty to revive the prayer by filing a separate writ petition.

2. Mr. D. Upamanyu, the learned counsel appears on behalf of the Health and Family Welfare Department.

3. Taking into account the submission made by the learned counsel appearing on behalf of the Petitioner, the instant writ petition stands closed on withdrawal and the Petitioner is also granted the liberty to refile in the circumstance the cancellation of the Petitioner’s pharmacy license is set aside and/or the Petitioner is in a position to engage another licensed Pharmacist.

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