Daya Shankar Rathaur v. Food Safety and Standards Authority of India and 2 Others

Court No. - 40 Case :- WRIT - C No. - 38225 of 2023 Petitioner :- Daya Shankar Rathaur Respondent :- Food Safety And Standards Authority Of India And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Shri R.M. Upadhyay, learned Addl. Chief Standing Counsel for State respondents.

¶2Present writ petition has been preferred for the following reliefs:- "I. Issue a writ, order or direction in the nature of certiorari quashing the order dated

19.12.2022 passed by the Adjudicating Officer/ Additional District Magistrate (City) Kanpur Nagar in Case No.00730 of 2019, Computer Case No.D201903410000730 (State v. Daya Shankar Rathaur) and warrant of demand dated 12.07.2023 issued by the Tehsildar, Sadar, Kanpur Nagar in pursuance of order dated 19.12.2022 passed by the Adjudicating Officer/ Additional District Magistrate (City) Kanpur Nagar in Case No.00730 of 2019, Computer Case No.D201903410000730 (State Versus Daya Shankar Rathaur). II. Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful operation of shop Maa Kali Cold Drinks situated at E.W.S. 01 Barra South, Gunjan Behal Karrahi Road P.S. Barra Kanpur Nagar."

¶3Learned Addl. Chief Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition on the ground that against the order impugned the petitioner has got efficacious alternative remedy to file an appeal before the Food Safety Appellate Tribunal under Section 70 of the Food Safety and Standards Act, 2006 (in short, Act, 2006) and as such, the writ petition is liable to be dismissed.

¶4Considering the facts and circumstances, we are of the considered opinion that the petitioner has got efficacious remedy under Section 70 of the Act, 2006 to prefer an appeal before the Food Safety Appellate Tribunal and the order impugned can be assailed under Section 70 (1) before the Tribunal.

¶5Once alternative remedy is available to the petitioner, we cannot come for rescue and reprieve of the petitioner at this stage. However, if the petitioner files an appeal before the Food Safety Appellate Tribunal within two weeks from today, the same would be considered on merits strictly in accordance with law.

¶6The writ petition is, accordingly, disposed of. Order Date :- 11.12.2023 SP/ High Court of Judicature at Allahabad