- 1 - HC-KAR NC: 2025:KHC:49029 WP No. 9548 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9548 OF 2022 (GM-RES) BETWEEN: NESTLE INDIA LTD 100/101, WORLD TRADE CENTRE BARKAMBA LANE NEW DELHI 110001 REP BY ITS AUTHORIZED SIGNATORY & REPRESENTATIVE SHANKARARAMAN SUBBARAYAN THE PETITIONER IS THE COMPANY REGD. UNDER THE COMPANIES ACT, 1956 …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: 1. THE ADDITIONAL DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU 572101 2. THE FOOOD SAFETY OFFICER OFFICE OF TQ HELATH OFFCIER CHIKKANAYAKANAHALLI TQ TUMAKURU DIST.- 572214 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE RESPONDENT NO.1 DATED 17.02.2022 Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49029 WP No. 9548 of 2022 PRODUCED AS ANNEXURE-C TO THE WRIT PETITION AND GRANT AN INTERIM ORDER TO STAYING ORDER PASSED BY THE R1 DATED 17.02.2022 PRODUCED AS ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is aggrieved by the order dated 17.02.2022 (Annexure 'C') passed by respondent No.1. 2. Heard Sri Harish N.R., learned counsel for the petitioner and Sri Mahantesh Shettar, learned Additional Government Advocate for the respondents. 3. The learned counsel appearing for the petitioner, by referring to the order sheet of the proceedings held against the petitioner at Annexure 'B' submitted that a fair opportunity has not been extended to the petitioner and accordingly, sought for interference of this Court. - 3 - HC-KAR NC: 2025:KHC:49029 WP No. 9548 of 2022 4. Per contra, the learned Additional Government Advocate also sought to justify the proceedings before respondent No.1. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, the proceedings under the provisions of the Food Safety and Standards Act, 2006 were levelled against the petitioner, as per the report of the Food Analyst under Section 46 of the Act. I have carefully consider the order sheet of the proceedings before respondent No.1 produced at Annexure 'B', wherein the matter was listed on four occasions out of which, on two occasions, the concerned Presiding Officer was not present. 6. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner and accordingly, I pass the following: ORDER i) The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:49029 WP No. 9548 of 2022 ii) The order dated 17.02.2022 (Annexure 'C') passed by respondent No.1 is hereby set aside and the matter is remitted to the respondent No.1 to re-hear the matter afresh after affording fair opportunity of hearing to the petitioner and to take a decision in the matter in accordance with law. iii) In order to avoid further delay in the matter, the petitioner is directed to appear before respondent No.1-Additional Deputy Commissioner, Tumakuru District, Tumakuru, on 5th January 2026 at 3.00 p.m. and on the appearance of the petitioner, respondent No.1 shall continue the proceedings and take a decision in the matter in accordance with law. Sd/- (E.S.INDIRESH) JUDGE JT/- CT: JL