M/S FUTURE CARE CHARITABLE BLOOD CENTRE THRU. SECY./MANAGER MRS. MADHURI SRIVASTAVA v. UNION OF INDIA THRU. SECY. MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI AND OTHERS
WRIC/3618/2025 · 2025-04-17
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134251 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134251 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21651-DB Court No. - 2 Case :- WRIT - C No. - 3618 of 2025 Petitioner :- M/S Future Care Charitable Blood Centre Thru. Secy./Manager Mrs. Madhuri Srivastava Respondent :- Union Of India Thru. Secy. Ministry Of Health And Family Welfare New Delhi And Others Counsel for Petitioner :- Sumeet Tahilramani,Shiv Pratap Singh Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Considering the order proposed to be passed as we do not wish to enter into the merits of the allegations made by the petitioner, issuance of notice to private opposite party is dispensed with.
3. Petitioner was granted a license to run a blood collection centre. His grievance is that license has been granted to another person i.e. opposite party no.9 to run another centre within two kilometers of the petitioner's centre which is in violation of guidelines issued by State Blood Transfusion Council.
4. Learned Standing counsel says that petitioner has a remedy under Section 122-O of the Drugs and Cosmetics Rules, 1945 (in short 'the Rules, 1945') to inform the licensing authority and pray for cancellation/ suspension of license of opposite party no.9.
5. On being confronted, learned counsel for the petitioner submitted that he will avail the said remedy.
6. Let the petitioner move an application before the licensing authority in terms of Section 122-O of the Rules, 1945 if there is a cause which shall be considered as per law and a decision shall be taken but only after hearing opposite party no.9 in accordance with law. If any such application is filed, an early decision shall be taken say within two months from the date a certified copy of this order is received.
7. With these observations/ direction, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 17.4.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench