SANJAY DEWAN Vs. LICENSING AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning the order dated 16.01.2019 (hereafter 'the impugned order') passed by the Appellate Authority (Hon'ble Lt Governor of Delhi), whereby the petitioner's appeal captioned "Sanjay Dewan v. Licensing Authority" (Appeal No. 43/2018) preferred against the order dated 23.05.2018 passed by respondent no.1 (Licensing Authority, Drug Control Department), under Rule 64 (3) of the Drugs and Cosmetics Rules, 1945 (hereafter "the Rules"), was rejected and the said order was upheld. By the said order dated 23.05.2018, respondent no. 1 had refused to renew the license for retail sale of medicines issued in favour of the petitioner on the ground that the petitioner had failed to establish, by documentary evidence, his right to occupy the premises specified in the application for renewal of license.

(2.) The petitioner contends that the impugned order has been passed with mala fide intentions on part of the respondents in collusion with the officials of Lok Nayak Jai Prakash (LNJP) Hospital. The respondents state that the license of the petitioner has been cancelled since the petitioner has failed to submit any document supporting legal ownership of the premises occupied by it in favour of Swami Haider Das Ashram and has failed to establish the threshold for documentary evidence in respect of its ownership of occupation or rental of the premises, as required under Rule 65-A and Rule 64 of the Rules.

(3.) The petitioner carries on the business of running a medical store under the name and style of 'Sanjay Medicos' from a shop located at Swami Haider Das Ashram, Opposite G.B. Pant Hospital, Delhi-02.