[2025:RJ-JP:34329] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12951/2025 1. Nirmal Agarwal S/o Late Hulash Chand Agarwal, Owner Of M/s Bhavy Tradingh Company, E-20, Surajpoleanaj Mandi Jaipur- 302003. 2. Raj Solvex Private Limited, 1662 First Floor Chandrawal, Roadsubzi Mandi Delhi- 110007 3. Shubham Enterprises, 69, 3Rd Floor, Bagh Diwar, Fateh Puri, Delhi- 110006. 4. Kwality Oil Private Limited, Katahari Morang, Nepal. Through Authorized Representative Behalf Of Petitioner No 2 To 4, Shree Pankaj Agarwal S/o Mahaveir Prasad Agarwal, Age 53 Years. ----Petitioners Versus 1. State Of Rajasthan, Through Food Safety Officers Office Of Chief Medical And Health Services, Jaipur-I, Rajasthan. 2. Designated Officer, And Chief Medical And Health Officer, Jaipur-I, Rajasthan. 3. Commissioner Of Food Safety And Drug Control, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mayank Gupta For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 28/08/2025 Learned counsel for the petitioners has submitted that the petitioner has filed the representation dated 08.07.2025 to the designated Officer following under the Chief Medical and Health Officer, Jaipur-I. It is further submitted that on 17.04.2025, one Food Safety Officer conducted an inspection at the premise of the [2025:RJ-JP:34329] (2 of 3) [CW-12951/2025] petitioner and seized the Refined Soyabean Oil from the premise, qua the same, samples were also drawn and as per report dated 01.05.2025, sample was found to be of sub-standard quality. Learned counsel for the petitioners has further submitted that as per the provisions of Section 47(4) of the Food Safety and Standards Act, 2006 an application was filed for release of the seized food article as the same were perishable. Learned counsel for the petitioners has relied upon judgment passed by Hon’ble Apex Court titled as Sunderbhai Ambalal Desai vs State Of Gujarat reported in (2002) 10 SCC 290 and has submitted that no heed was given to the said representation which was duly received in the office on 09.07.2025 and due to the non-action on the said representation, present petition is filed. Considering the foregoing facts and circumstances of the case, this Court is of the view that it is the sorry state of affairs that despite filing of the representation there is no redressal which amounts to violation of principle of natural justice and dictum passed in Pawan Meena vs. State of Rajasthan & Ors. reported in (SBCWP No. 1665/2024; Neutral Citation: 2024:RJ-JP:5792) and circular dated 19.02.2024 passed by Chief Secretary, Rajasthan. Taking note of the aforementioned, this Court directs that after giving due audience to the petitioners on 11.09.2025 at 11:00 am, the Chief Medical and Health Officer of the respective jurisdiction to consider the representation and pass appropriate orders, in accordance with law, within a period of 15 days thereafter, as goods are perishable in nature. [2025:RJ-JP:34329] (3 of 3) [CW-12951/2025] In light of the above, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/27