NEW SHISHUPAL PHARMACY THRU PARTNER ANIL K AWASTHI Vs. PRIN SECY /APP AUTH DEPTT OF MEDICAL EDUCTION (AYU

JUDGEMENT

(1.) In this writ petition, petitioners have prayed for issuance of a writ in the nature of certiorari for quashing the order No. 3724/71-Ayush-1-14-W-78/2014 Lucknow dated 07.10.2014 passed by Principal Secretary/Appellate Authority, Department of Medical Education (Ayush), Govt. of U.P., Lucknow (opposite party no. 1), whereby and whereunder he allowed the appeal filed by opposite party no. 4 and set aside the order dated 06.01.2014 passed by Director cum Licensing Authority, Ayurvedic Services, Govt. of U.P. (opposite party no. 2), whereby he canceled the licence issued in favour of opposite party no. 4 for manufacturing Shishupal Tel, an Ayurvedic baby oil.

(2.) The factual matrix of this case is not in dispute. Admittedly, petitioner no. 2 (Anil Kumar Awasthi) and one of the Director of opposite party no. 4 namely Dhananjay Kumar Awasthi are real brothers. It is stated that their grandfather namely Someshwar Dutt Awasthi had started manufacturing Shishupal Tel, a baby oil in the year 1949 and got it registered under the Trade and Merchandise Act on 03.11.1958. It is further stated that the baby oil was included in the list of Ayurvedic Drug in the year 1978 and for manufacturing of the said oil, a licence is required to be taken under the Drug and Cosmetics Act (hereinafter referred to as "the Act"). Accordingly, the father of petitioner no. 2 and Dhananjay Kumar Awasthi namely Mukut Bihari Awasthi and opposite party no. 4 obtained licence on 13.01981 for manufacturing Shishupal Tel. It is stated that two sons of Mukut Bihari Awasthi namely Anil Kumar Awasthi and Arun Kumar Awasthi were already partners of the firm known as Shishupal Pharmacy from before.

(3.) It is further stated that in the year 1983, three other sons of Sri Mukut Bihari Awasthi namely Ajay Kumar, Vijay Kumar and Dhananjay Kumar were inducted as partners of the firm. It is then stated that in the year 2004, Mukut Bihari Awasthi died and some dispute arose among the partners of Shishupal Pharmacy. It is stated that because of the aforsaid dispute, the licence for manufacturing Shishupal Tel, which was granted in favour of the firm could not be renewed and consequently the same got expired by efflux of time under Rule 156 of the Drugs and Cosmetics Rules 1945 (hereinafter referred to as "the Rules"). It is further stated that Dhananjay Kumar Awasthi had lodged a complaint before the Licensing Authority and on the basis of that complaint, Licensing Authority directed the firm (Shishupal Pharmacy) to stop manufacturing its product.