IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18434 of 2008 NAND LAL PRASAD SON OF BADUDEO PRASAD YADAV, RESIDENT OF VILLAGE GIRIYAK, P.S. AND P.O. GIRIYAK, DISTRICT NALANDA, PROPRIETOR OF M/S SHIV SHAKTI AYURVEDI INDUSTRIES COMPANY SITUATED AT VILLAGE MANPUR, P.O. PURANI GIRIYAK, DISTRICT NALANDA.. Versus 1. THE STATE OF BIHAR 2. THE STATE DRUGS CONTROLLER CUM CHIEF LICENSING AUTHORITY, BIHAR, PATNA. 3. THE EXCISE SUPERINTENDENT, NALANDA, BIHAR. ----------- 2/ 14.05.2010 There is none for the petitioner. Counsel for the State is present. Submission of the counsel for the State is that the order for cancellation of the licence of the petitioner was issued in terms of Annexure-1, which was valid uptill 31.07.2007. Under Rule 153 of the Drugs and Cosmetics Rule, 1945 a duty was cast upon the petitioner to seek renewal within one month of the expiry. The Rule also envisages renewal is extended time of three months but that is the outer limit. According to the respondents the period for renewal, according to the extended period would have been 31.03.2008 but admittedly application for renewal was made on 3rd April, 2008 which is evident from the statement made in the writ application. The respondents have, therefore, rightly communicated vide Annexure-3 , that renewal cannot be granted and licence has expired cancelled. There is no infirmity in the order, as contained - 2 - in Annexure-1. Writ application is dismissed. ( Ajay Kumar Tripathi, J ) BTiwary/