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2025 DAILYLAW 46387 (ALL)

MONU QURAISI v. STATE OF UP AND 4 OTHERS

WRIC/12450/2025 · 2025-04-23

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63264-DB Court No. - 29 Case :- WRIT - C No. - 12450 of 2025 Petitioner :- Monu Quraisi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Pradeep Kumar Sharma Counsel for Respondent :- C.S.C.,Vineet Sankalp Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard counsel for the petitioner and Shri Vineet Sankalp, counsel for the respondent no.3 and learned Standing Counsel for the other respondents. 2. This petition has been filed challenging the notice dated 24.01.2025, issued by the Nagar Nigam, Varanasi, whereby petitioner has been called upon to stop running of unauthorized shop as it is creating nuisance for the residents of the locality. 3. On behalf of respondents, it is urged that provisions of Food Safety and Standards Act, 2006 have been violated. 4. Admittedly, petitioner had licence to run the shop till 2016, which is not renewed. As of now, petitioner has no right to run the shop itself. In such circumstances, we are not inclined to interfere with the notice issued to the petitioner. Even otherwise, petitioner has remedy of responding to such notice and no occasion arises for him to challenge the notice. 5. Writ petition is, accordingly, consigned to records. Dismissal of this petition, however, will not preclude the petitioner from seeking appropriate licence/permission to run the shop and if such an application is filed as per rules before the competent authority, the same shall be dealt with as per law. Order Date :- 24.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad