[2025:RJ-JP:35387] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12959/2025 Rishabh Jain Son Of Prem Chand Jain, Aged About 33 Years, Resident Of 21, Ridhi Sidhi Enclave, Opposite Exotica Garden, Bundi Road, Kunhadi, Shambhoopura, Kota (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Food, Civil Supplies Consumer Affairs Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Adjudicating Officer And Additional District Magistrate (City), Kota. 3. The Commissioner, Nagar Nigam, Kota (South). 4. Food Safety Officer, Kota, Office At Cmho, Nayapura Kota Through Authorized Signatory/representative/ Officer Mr. Sandeep Agarwal. 5. Dilip Singh Son Of Shri Dashrath Singh, Resident Of Division Gawadi, Civil Lines, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Prakash Kumar Jha JUSTICE ANOOP KUMAR DHAND Order 03/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 21.02.2025 passed by the Additional District Magistrate, Kota, i.e., the adjudicating authority by which the premises of the petitioner has been seized. 2. Learned counsel for the petitioner submits that the petitioner was party to the proceedings initiated by the Food Safety Officer. Learned counsel submits that certain penalty was imposed upon the tenant of the petitioner for contravention of the provisions contained under the Food Safety and Standards Act, 2006 (for short “the Act of 2006”) and the same has been deposited, inspite [2025:RJ-JP:35387] (2 of 2) [CW-12959/2025] of above, the premises of the petitioner has not been released, hence, under these circumstances, interference of this Court is warranted. 3. In the considered opinion of this Court, the order passed by the Adjudicating Officer-cum-Additional District Magistrate, Kota is appealable under Section 76 of the Act of 2006 before the Food Safety Appellate Tribunal (for short “the Tribunal”). Without availing the statutory provisions of filing an appeal before the Tribunal, the petitioner has straightaway approached this Court by way of filing the instant writ petition. 4. It is settled proposition of law that whenever alternative efficacious statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority. 5. On this count alone, the writ petition stands disposed of granting liberty to the petitioner to file an appeal along-with an application seeking leave to file an appeal before the Tribunal. 6. In case, such appeal along-with an application seeking leave to file appeal is preferred by the petitioner before the Tribunal within a period of seven days from today, it is expected from the Appellate Authority to hear and decide the same expeditiously as early as possible, preferably within a period of four weeks thereafter strictly in accordance with law after affording due opportunity of hearing to all the respective parties. 7. Stay application as well as applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/70