LAWS(UTN)-2016-12-123

AZIZ KHAN Vs. STATE OF UTTARAKHAND & OTHERS

Decided On December 16, 2016
AZIZ KHAN Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the order dated 26.10.2012 passed by the Drug Licensing & Controlling Authority, Directorate of Health Service, Uttarakhand, whereby the Drug License of the petitioner was cancelled.

(3.) The case of the petitioner is that on 21.10.2011, the petitioner was granted license to sell, stock or exhibit or offer for sale or distribute drugs by retail bearing License No. OBR-08/NTL/OCT/2011. The said license was granted for a period of five years. According to the petitioner, in the year 2012, one complaint was made by the respondent no. 4 against the petitioner before the Drug Controller & Licensing Authority, alleging therein that the rent agreement in favour of the petitioner has already expired and, as such, the drug license of the petitioner should be cancelled. Upon receiving the said complaint, the Drug Controller & Licensing Authority, Garhwal Division, directed the Inspector of Drug, Nainital to enquire into the matter. The matter was, thereafter, enquired and the report was submitted. On 26.10.2012, the Drug Licensing & Controlling Authority, Directorate of Health Service, Uttarakhand passed the order impugned. Against the said cancellation order, present writ petition was filed in the year 2012.