Neutral Citation No. - 2025:AHC:36272-DB Court No. - 29 Case :- WRIT - C No. - 41826 of 2024 Petitioner :- Faiz Ullah Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P. Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner is aggrieved by an order dated 1.5.2023 according to which no license can be issued for sale of homeopathic medicine to the petitioner as the size of the shop is 6.6x4.8 feet and there is otherwise a dispute with regard to tenancy. Learned counsel for the petitioner submits that there is no embargo that a shop cannot be less than 10 square meter. It is submitted that there is no specific requirement of such size of a shop. On the previous occasion we allowed time to the respondents to obtain instructions. The provisions of the Drugs and Cosmetics Rules, 1945 has been relied upon in which the size of the shop cannot be less than 10 square meter. Learned counsel for the petitioner submits that this description of size is only for allopathic medicine. We are not impressed by the argument of the petitioner, inasmuch as the size of the shop for sale of medicine ordinarily should not vary from one system of medicine to another. The restriction imposed by the respondents of a bare minimum size for the shop otherwise cannot said to be arbitrary. The tenancy is otherwise disputed. In such circumstances, we are not inclined to interfere with the order impugned. It is, however, provided that if the petitioner moves a fresh application for obtaining license of a shop which is more than 10 square meter, the same shall be considered, expeditiously and in accordance with law. Subject to the observations made above, this petition is consigned to records. Order Date :- 12.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad