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2025 DAILYLAW 34003 (CHH)

DIVINE LABORATORIES PRIVATE LIMITED v. STATE OF CHHATTISGARH

WPC/3718/2025 · 2025-07-16

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:33546-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3718 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 Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 Chhattisgarh Medical Services Corporation Through Its Managing Director, Sector-27, Housing Board, Complex, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh ... Respondent(s) For Petitioner : Mr. C. J.K. Rao, Advocate For Respondent No. 1/ State : Mr. Praful N. Bharat, A.G. along with Mr. Shashank Thakur, Dy. A.G. For Respondent No. 2 : Mr. Ragvendra Pradhan, Advocate JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.18 18:19:10 +0530 2 Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 17/07/2025 1. Heard Mr. C.J.K. Rao, learned counsel for the petitioner and Mr. Praful N. Bharat, learned A.G. along with Mr. Shashank Thakur, Dy. A.G. for respondent No. 1/ State and Mr. Ragvendra Pradhan, learned counsel for respondent No. 2. 2. The petitioner has filed this petition praying for following relief:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 16.06.2025 (Annexure P/1), whereby of the the product petitioner's company namely Heparin Sodium 5000 IU/ 1 ml Injection (Drug Code D255) has been blacklisted for a period of 3 years. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to allow the participation of petitioner's product namely Heparin Sodium 5000 IU/ 1 ml Injection (Drug Code D255) in the farthcoming 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. At the time of hearing, learned Advocate General pointed out that in the earlier occasion the prayer was defective one and the petition was dismissed as withdrawn and now fresh writ petition is 3 filed and the prayer has been rectified but the grounds are same and which has no significant to the prayer made, therefore, we are not inclined to entertain the present to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file afresh with proper grounds. 4. Learned State counsel has no objection. 5. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 25,000/- as cost by the petitioner in the Registry of this Court and the said amount shall be transmitted to the Government School for Visually Handicapped Boys and Girls, District- Jashpur (C.G.) for filing the present petition second time in a casual manner and wasting the precious time of the Court. 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar