PUSHPENDRA MEDICAL STORES Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala, J. This writ petition has been filed challenging the order dated 2nd June, 2003 passed by the District Medicine Licencing Authority, Deoria, for obtaining appropriate order with regard to renewal of petitioner's drug licence for the retail shop.

(2.) PREVIOUSLY, a writ petition was filed this Court, being Civil Misc. Writ Petition No. 6352 of 2003, whereunder a Division Bench of this Court was pleased to pass an order on 11th February, 2003 directing the authority to consider the cause of the petitioner and pass a reasoned order within the time specified there under. Pursuant to such direction, the order impugned has been passed. No counter affidavit has been filed by the State in spite of direction given by this Court in the year 2004.

(3.) THAT apart, no affidavit has come forward as yet on the part of the State. It is well settled law as laid down in A. I. R. 1966 All 156 (Bux Singh v. Joint Director of Consolidation and others), A. I. R. 1962 All 407 (Juggi Lai Kamla Pat v. Ram Janki Gupta and another), A. I. R. 1987 SC 479 ( State of Gujarat v. S. Tripathyand others) and 1999 (82) FLR 709 (M/s. J. K. Cotton Spinning and Weaving Mills Co. Ltd. and others) that if no affidavit in rebuttal is filed and the averments made in the affidavit are not controverted then the said averments must be accepted as true and correct drawing the presumption in favour of the petitioner in terms of Section 114 Illustration (g) of the Evidence Act. In the absence of counter affidavit, this Court is left with no other option but to accept the averments made in the petition to be correct and true.