1 2025:CGHC:4445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1260 of 2019 1. Kesharmal Agrawal S/o Late Shri Kashmiri Lal Agrawal Aged About 59 Years R/o Shiv Shanker Medical Store, Indira Market, New Khursipar, Bhilai-12, District Durg Chhattigarh. Mob. No. 7828698391, District : Durg, Chhattisgarh 2. Manohar Jethani S/o Late Dr. Varial Das Jethani Aged About 48 Years Permanent Resident Side Kohinoor Hotel Bans Tall, Amardeep Talkies Road, Police Station Gol Bazar Raipur, Chhattisgarh. Pin Code 492001, Mobile No. 7489834141, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya New Secretariat, Mahanadi Bhawan, Raipur P.O. Raipur Main, P.S. Gram Rakhi, Tahsil Raipur, Civil And Revenue District - Raipur Chhattisgarh. Pin - 492001, District : Raipur, Chhattisgarh 2. The Registrar Address State Pharmacy Council Sector - 2, Qr. No. 88, Geetanjali Nagar, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Ajay Chandra, Advocate For State/Respondent No. 1 : Mr. Lav Sharma, Panel Lawyer For Respondent No. 2 : Mr. Vaibhav A. Goverdhan, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24. 01.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 The Hon'ble Court may be pleased be kind enough to call for the records of all the fees (registered, restoration, renewal & miscellaneous) taken by the office of respondent no 02 by the registered pharmacists. 2 10.2 The Hon'ble Court may be pleased be kind enough in directing respondent no 02 to take/recover fees from the pharmacists according to the form "X" under Rule 107(2) & Rule 124 of The Pharmacy Rule 1978. 10.3 The Hon'ble Court may be pleased be kind enough in giving direction to Respondent no 2 to return the illegal fees/ against the pharmacy Rule 1978 taken since the formation of Chhattisgarh state for registration, renewal, restoration, penalty & miscellaneous by petitioners and other registered pharmacists within stipulated time. 10.4 Any other relief, writ, order which may be deemed fit in the interest of justice, by this Hon'ble Court just and proper in the facts and circumstances of the present case may also be provided in favour of the petitioners & also favorable for dispose of present petition.” 2. Learned counsel for the petitioners would submit that respondent No. 2 has collected more than the prescribed fee from pharmacists and the same is contrary to Rules 107(2) & 124 of the Pharmacy Rules, 1978. He would further submit that a direction may be issued to respondent No. 2 to return the excess fee collected from all pharmacists of the State of Chhattisgarh from the date of formation of the State. 3. On the other hand, learned counsels appearing for the respondents would oppose. They would submit that the petitioners have sought relief not for themselves, but for all pharmacists of the State of Chhattisgarh and such prayer is not permissible in the present petition. They would further submit that the petitioners should have filed a Public Interest Litigation. 4. Taking into consideration the relief sought by the petitioners, in the opinion of this Court, this petition is not maintainable. Accordingly, this petition is dismissed. However, the petitioners would be at liberty to avail the remedy available under the law. d Sd/- (Rakesh Mohan Pandey) Judge $iddhant