IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16106 of 2009 M/S PRIYA PHARMACEUTICALS Versus THE STATE OF BIHAR & ORS ----------- 03. 1.2.2010 The reason why the Court is inclined to interfere with the order dated 20.10.2009 passed by the Minister of Health cum Appellate Authority, Government of Bihar, contained in annexure-1, is that there are two aspects of the matter which emerge from the impugned order. One it is a kind of composite order which has come to be passed by the Minister going beyond the ambit of the appeal which was initially filed by the petitioner and secondly that a kind of cross appeal filed by the private respondent has also been treated as an appeal in its own right without any number or registration as well as deciding yet another aspect of grant of licence to the petitioner which was initially not the subject matter of appeal before the Minister. Many other submissions which have been made at the bar are not required to be taken note of in view of the fact that the Court is now inclined to quash the impugned order and remand the matter back to the Minister for a fresh consideration limited to the question which had been raised in the appeal filed by the petitioner before him. So far as right of private respondent to challenge the grant of a licence in favour of the petitioner is concerned, that is yet another issue for which he has own right under the statute and he will be well advised to invoke the same in an appropriate proceeding and manner and not in the manner in 2 which present order has come to be passed. The order dated 20.10.2009 contained in annexure-1 as well as consequential order dated 23.11.2009 contained in annexure-5 stands quashed and the matter is remanded back to the Minister for fresh consideration. The writ application is disposed of accordingly. rkp ( Ajay Kumar Tripathi, J )