Jammu & Kashmir High Court - Srinagar Bench
Cooperative Super Market Ltd vs State Of Jk And Ors on 29 March, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 7
Regular List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OWP 1651/2017
c/w OWP 1732/2017
OWP 662/2018
Cooperative Super Market Ltd ...Appellant(s)/Petitioner(s)
Through: Ms. Asifa Rashid, Advocate vice
Mr. Arif Sikander, Advocate
Vs.
State of JK and Ors. ...Respondent(s)
Through: Mr. Sajad Ashraf, GA
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
29.03.2024 All these writ petitions are filed by the respective registered Cooperative Societies purportedly acting through their respective managers. The commonality of the causes agitated in the writ petitions is that the petitioners, as cooperative societies, are running fair price medical shops in the respective district hospital premises for the purpose of sale of drugs.
A perusal of all the writ petitions above referred would reveal that there is no whisper made in the writ petitions as to who is the actual license holder under the Drugs and Cosmetics Act, 1940 read with the Drugs and Cosmetic Rules 1945, which enable retail sale of drugs envisaged under the aforesaid Act and the Rules.
Accordingly, this Court directs the petitioners to place on record the respective license/s on the basis of which the fair price medicine shop/s in the respective district hospital premise/s is being run by the petitioners in their purported status as being allottee of the shop premise/s.
Let the requisite license/s be placed and produced on the record of these cases by or before the next date of hearing failing which the interim directions operating in the cases shall suffer recall.
Mr. Sajad Ashraf, learned GA has placed on record the copy of the judgment passed by this Court in OWP No. 969/2013 on 26.07.2022 in the case titled as "Kathua Cooperative Marketing Society Ltd., Kathua Vs. State and Others".
Mr. Sajad Ashraf, learned GA submits that there are other writ petitions which are identical in nature and are pending disposal before this Court. In all these writ petitions, the public also premises have got stuck under the effects of the interim direction thereby disabling the respondents to carry out fresh open allotment of the premises which is otherwise envisaged with respect to grant of state largesse. He has produced the list of those cases.
Let the cases listed today be listed along with the cases i.e., OWP No. 1651/2017, OWP No. 1732/2017, OWP No. 662/2018, OWP No. 818/2018, OWP No. 310/2019, WP(C) No. 1345/2022, OWP No. 544/2017, OWP No. 2077/2017, OWP No. 1369/2016, OWP No. 1693/2017 and WP(C) No. 612/2023.
Registry shall ensure that all the cases are listed on 29.04.2024.
(RAHUL BHARTI) JUDGE SRINAGAR:
29.03.2024 "Mir Arif"