AZIZ KHAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court has challenged the order dated 12.01.2017 by which renewal of his Drugs and Cosmetics shop has been denied by Drug Licencing and Controlling Authority, Kumaon Mandal, Nainital. The licence is evidently being obtained by the petitioner for a place, which was admittedly under the ownership and control of respondent No. 5. There is also protracted litigation going one between the parties.

(2.) Before hearing the arguments of the learned counsel for the petitioner on merit, a preliminary objection has been raised by the learned counsel for respondent No. 5 that the petitioner has an alternative remedy to file an appeal before the State Government in view of section 64 (3) of the Drugs and Cosmetics Act, 1940, which reads as under:-

(3.) On this, learned counsel for the petitioner would argue that there is a limitation of 30 days in filing the appeal before the State Government and if he is permitted to file an appeal, as of now it would be a belated appeal.