JUDGEMENT
Saral Srivastava, J. -
(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State.
(2.) The petitioner was issued a licence on 20.01.1994 by respondent no. 2 i.e. the Chief Medical Officer, Basti/Drugs Licence Authority (hereinafter referred as 'Licensing Authority') to sale stock or exhibit or offer for sale or distribute drugs by retail other than those specified in Schedule C and Schedule C (I) of the Drugs and Cosmetics Act, 1940. The period of licence was from 20.01.1994 to 31.12.1995.
(3.) According to the petitioner, he had deposited licence fee for renewal of his licence for different years. The details of deposit has been stated by the petitioner in paragraph 9 of the writ petition which is extracted herein below:-
"That the has already been deposited the renewal fee which is as under:-
(i). Treasury Challan No. 96 Dated 22.12.95 Rs.80/-.
(ii). Treasury Challan No. 88 dated 27.12.1997 Rs.80/-.
(iii). Treasury Challan No. 87 dated 24.12.1999 Rs.80/-.
(iv). Treasury Challan No. 66 dated 28.12.2001 Rs.1,000/- (for 5 years).
(v). Treasury Challan No. 40 dated December, 2006 Rs. 1,000/- till 31.12.2011 the renewal fee deposited.
That the petitioner was continuously depositing the treasury Challan alongwtih required fee for the renewal of his licence, even then respondent no. 2 is not given the copy of renewal to the petitioner, this is why the petitioner was in impression that his renewal has already been extended (because he has already been deposited required fee and till today respondent no. 2 has not issued any information or show cause notice regarding the renewal)".;
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