APHC010627582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32654/2025 Between: 1. GANESHA A TO Z PHARMACY, REP, BY ITS PROPRIETOR SARASWATHI JOGI RAJU SHOP AT D.NO.24-4-9. R. AGRAHARAM, MAIN ROAD, GUNTUR - 522 003 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH 2. DIRECTOR, DRUGS CONTROL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, SIDDHARTHA MEDICAL COLLEGE CAMPUS,GUNADALA, VIJAYAWADA,NTR DISTRICT, ANDHRA PRADESH-520 008, INDIA. 3. ASSISTANT DIRECTOR, DRUGS CONTROL ADMINISTRATION, SALES LICENSING AUTHORITY, DM AND HO OFFICE COMPOUND, COLLECTORS BUNGALOW ROAD, NAGARAMPALEM, GUNTUR - 522 004 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased be pleased to issue a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the suspension order no. 431296/AD/GNT/DCA/2025 dated 03-11- 2 2025, suspending the drug licenses of the petitioner for a period of 90 days and orally directing me not to open the shop during the period of suspension, as arbitrary, unlawful, illegal, violative of Articles 19(1)(g) and 21 of the Constitution of India and consequently set-aside the suspension order, dated 03-11-2025 issued by the 3rd respondent and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the impugned order no. 431296/AD/GNT/DCA/2025dated 03-11-2025 issued by the 3rd Respondent pending disposal of the above writ petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to permit the petitioner to open the shop during the suspension period and sell hand sanitizors, cosmetics, fancy items, food products, including fresh and packaged food under Fssai Registration No. 20/22017001539 pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. VENKATA SUBBAIAH POGULA Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32654/2025 The Court made the following Order: Heard Sri Venkata Subbaiah Pogula, learned counsel for the petitioner and the learned Assistant Government Pleader for Medical Health FW for the respondents. 2. The grievance of the writ petitioner is against the proceedings of the respondent No.3 in suspending the drug license of the petitioner for a period of 90 days alleging that the petitioner failed to maintain the registers for the Schedule H & H1 drugs and further alleged that the petitioner failed to maintain purchase and sale bills of medicines and was also found to have sold huge quantity of liquid hand sanitizer, and failed to show the corresponding sale bills. 3. When the matter was taken up for consideration today, the learned Assistant Government Pleader for Medical Health FW contends that the petitioner was provided sufficient opportunity to file objections against the show cause notice before passing the order of suspension. He further argued that against the impugned proceedings the petitioner has an alternative remedy of appeal before the respondent No.1 under Rule 66(2) of Drugs Rules, 1945. 4. Having regard to the same, this Court deems it appropriate to dispose of the Writ Petition granting liberty to the petitioner to file an appeal within one (01) week from the date of receipt of the order. Upon such filing of 4 an appeal, the respondent No.1 shall consider and pass appropriate orders in accordance with law within period of two (02) weeks thereafter. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 28.11.2025 Note: Issue CC today B/o. MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32654/2025 Dated: 28.11.2025 Note: Issue CC today B/o. MSI