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2025 DAILYLAW 31315 (CHH)

DIVINE LABORATORIES PRIVATE LIMITED v. STATE OF CHHATTISGARH

WPC/3302/2025 · 2025-06-29

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:28889-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3302 of 2025 Divine Laboratories Private Limited B.No.-471, Dabhasa, Tal.- Padra, District - Vadodara, Gujarat - 391440, Through Its Authorized Signatory, Naveen Kumar Nishad S/o B.R. Nishad, Aged About 46 Years R/o Kumharpara, Behind Peeli Building, Raman Mandir Ward, Fafadih, Raipur, District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretay, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Chhattisgarh Medical Services Corporation Through Its Managing Director, Sector-27 Housing Board Complex, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Deputy Director Food And Drug Administration, First And Second Floor, Old Nursing Hostel, D.K.S. Building Hospital Parisar, Raipur, District - Raipur (C.G.) 4 - Controller Food And Drug Administration, Indrawati Bhawan, Block- 1, Fourth Floor, Nava Raipur, Atal Nagar, District - Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. C.Jayant K. Rao, Advocate For Respondent(s) : Mr. Prafull N. Bharat, A.G. and Mr. Shanshank Thakur, Dy. A.G. For Respondent(s) : Mr. Trivikram Nayak, Advocate MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.01 10:27:42 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 30.06.2025 1. Heard Mr. C.Jayant K. Rao, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General and Mr. Shanshank Thakur, learned Deputy Advocate General, for respondent No.1 / State as well as Mr. Trivikram Nayak, learned counsel for respondent No.2. 2. The petitioner has filed this petition praying for following relief:- “110.1 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 16.06.2025 (Annexure P/1) regarding blacklisting of the petitioner's firm and forfeiture of the security deposit amount. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to allow the participation of petitioner, fairly in the advertised Tender and other forthcoming Tenders. 10.3 Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 3. Learned Advocate General appearing for respondent / State submits that the prayer made in the petition is defective and vague as it is not the petitioner’s firm which has been blacklisted, but it is the drug in question i.e. Heparin Sodium 5000 IU/1 ml Inj., which has been blacklisted vide impugned order, hence the prayer 3 made in the petition deserves to be dismissed. 4. Learned counsel for the petitioner prays to withdraw the present petition with liberty to file afresh with appropriate prayer and pleadings. 5. In view of the same, as prayed by learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to file afresh, if any further cause of action arises. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet