High CourtsSingle Bench(2018) 08 CHH CK 0304

Amar Lal Adwani And Ors vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 27 August 2018

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2389 Of 2018

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Judgment

11 paragraphs · 185 words

Prashant Kumar Mishra, J

1.

Petitioners' application for renewal of the drugs licence under the Drugs and Cosmetics Act, 1940 has been rejected on the ground that the

petitioners' landlord has moved an application for their eviction before the Rent Controlling Authority, Korba.

2.

It is argued that since the petitioners' licence was valid till 31.12.2016 and the petitioners still occupy the tenanted premises, the renewal could not

have been refused on mere pendency of the eviction application.

3.

Without entering into the dispute at this stage, ends of justice would be served if the Rent Control Authority, Korba is directed to decide the eviction

dispute between the petitioners and their landlord within a period of 3 months from today and thereafter, if the petitioners are found to be entitled to

occupy the premises, their application for renewal of licence shall be considered, as has been directed by the State Government in the impugned order

(Annexure-P-14). It is ordered accordingly.

4.

Learned State counsel and the petitioner shall inform about this order to the Rent Controlling Authority, Korba.

5.

The writ petition stands disposed of.