Uttarakhand High Court
Constitutional LawAdministrative and Public Law

Authorities must prevent unlawful obstruction, while business remains subject to applicable regulatory orders.

RAJ MEDICAL STORE vs STATE OF UTTARAKHAND

Uttarakhand High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Authorities must prevent unlawful obstruction, while business remains subject to applicable regulatory orders.. RAJ MEDICAL STORE vs STATE OF UTTARAKHAND. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, which operates Raj Medical Store at Main Market, Banbasa, sought relief under Article 226, alleging that a protest outside the store obstructed its operations and seeking protection from unlawful interference and arbitrary action by authorities

Source reference: para. 3–6

The State informed the Court that no protest was then taking place, the premises had been reopened, and the competent Drug Control Authority had prohibited the purchase and sale of medicines after identifying storage-related irregularities

Source reference: para. 7–8

The petitioner had not specifically challenged that prohibition in this petition

Source reference: para. 11
02

Issues

Whether any order was required to address the alleged protest and obstruction at the petitioner’s medical store, given that no protest was then taking place

Source reference: para. 10–12

Whether the Court should examine the legality of the prohibition on the purchase and sale of medicines when that action had not been specifically challenged in the petition

Source reference: para. 11
03

Law Applied

The petition was brought under Article 226 of the Constitution, but the Court confined its consideration to the reliefs and matters properly raised in the proceedings

Source reference: para. 3, 11

The Court did not determine the legality of the Drug Control Authority’s action because that action had not been specifically challenged; its observations therefore expressed no view on the merits of the prohibition

Source reference: para. 11

It directed that local administration and police act in accordance with law to maintain peace and prevent unlawful obstruction, while making clear that the petitioner’s business remained subject to applicable statutory requirements, licences, permissions, and orders of competent authorities

Source reference: para. 12

No precedent or specific statutory provision was applied to decide the disputed issues.

Source reference: no citation
04

Reasoning

The Court considered the State’s instructions that no protest was taking place and that the store premises were open. It therefore held that the grievance concerning the protest did not survive for consideration at that time

Source reference: para. 10, 12

The separate restriction on medicine sales arose from action by the competent authority and was not specifically challenged; accordingly, the Court declined to adjudicate its legality or merits

Source reference: para. 11

It preserved the petitioner’s ability to access and conduct business at the premises, subject to law and competent authorities’ orders

Source reference: para. 12
05

Holding

The Court made no determination on the validity of the prohibition on medicine sales.

It directed the local administration and police to maintain peace and ensure that no person unlawfully obstructed the petitioner’s access to the store, while clarifying that any business activity must comply with applicable requirements and orders

Source reference: para. 11–12

Finding no further order necessary, the Court disposed of the writ petition and any pending applications

Source reference: para. 14–15
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Protection of Children from Sexual Offences Act, 20122

Uttarakhand High Court

Original Court PDF

RAJ MEDICAL STOREvsSTATE OF UTTARAKHAND

Uttarakhand High Court · September 30, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment