AVESH FRESH MEAT SHOP THRU. PROPRIETOR SALAMUDDEEN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES LKO. AND 2 OTHERS
WRIC/4542/2025 · 2025-05-15
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139718 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28547-DB Court No. - 2 Case :- WRIT - C No. - 4542 of 2025 Petitioner :- Avesh Fresh Meat Shop Thru. Proprietor Salamuddeen Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Food And Civil Supplies Lko. And 2 Others Counsel for Petitioner :- Raj Deepak Chaudhary,Virendra Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Prima facie, we find merit in the contention of petitioner's counsel that the procedure prescribed under Section 32 of the Food Safety and Standards Act, 2006 (in short 'the Act, 2006'), sub-Section 2 of which permits suspension of licence if the food business operator fails to comply with an improvement notice, has not been followed nor any improvement notice has been given nor the provisions contained in para no.2.1.8 of the Food Safety And Standards (Licensing and Registration of Food Businesses) Regulations, 2011 have been followed nor do the reasons given in the impugned order of suspension of license are referable to the grounds mentioned in the said provisions.
3. At this stage, Sri Akansha Dubey, learned Addl. C.S.C. says that in fact the order may be quashed with liberty to the opposite parties to proceed afresh if there is a case in terms of the aforesaid provision.
4. We, accordingly, quash the impugned order but with liberty to the opposite parties to proceed afresh provided there is a cause referable to the provisions of the Act, 2006 and the Regulations made thereunder.
5. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.5.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench