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2025 DAILYLAW 172010 (ALL)

M/S HETHA ORGANICS L.L.P. v. STATE OF U.P. AND 2 OTHERS

WRIC/36879/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36879 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. Heard Sri Dushyant Singh, learned counsel for the petitioner and the learned Standing Counsel for the respondent nos. 1, 2 & 3. The present petition has been filed challenging the impugned recovery certificate, dated 4.6.2025 issued against the petitioner in pursuance of the order of the Additional District Magistrate (City), Ghaziabad/Adjudicating Authority, passed under Section 51 of the Food Safety and Standards Act, 2006. Learned Standing Counsel at the outset has stated that against the order of the Adjudicating Authority, dated 19.3.2025, the petitioner has already filed an appeal before the Food Safety and Standards Tribunal, Meerut, under Section 70 of the Food Safety and Standards Act, 2006. In the said appeal an application for grant of interim order has also been filed. In view of the aforesaid facts, the present petition is disposed of with the direction to the appellate authority, under the Food Safety and Standards Act, 2006, to decide the application for interim relief filed by the petitioner, within a period of two weeks, from the date of presentation of a certified copy of this order, in accordance with law. Till then, no coercive action shall be taken against the petitioner in pursuance of the recovery certificate, dated 4.6.2025. It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open to be considered by the authority competent, at the first instance. October 29, 2025 Ranjeet Sahu Versus Counsel for Petitioner(s) : Dushyant Singh, M.C. Singh Counsel for Respondent(s) : C.S.C. (Arun Kumar,J.) M/S Hetha Organics L.L.P. .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad