- 1 - NC: 2025:KHC-D:2519 WP No. 71990 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 71990 OF 2012 (GM-RES) BETWEEN: SRI. MANJUNATH S/O. ANNAPPA NAIK, AGE: 40 YEARS, HOTEL KIRTHI FAST FOOD STATION ROAD, HUBLI R/O. MAYURI EXTENSION, VIJAYANAGAR, DHARWAD. …PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. DESIGNATED OFFICER, OFFICE OF THE DESIGNATED OFFICER (THE FOOD SAFETY AND STANDARDS ACT) K.C. PARK ROAD, DHARWAD. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI- 110 011. 3. THE FOOD SAFETY COMMISSIONER AND COMMISSIONER FOR HEALTH, FAMILY WELFARE SERVICE OF KARNATAKA, ANANDA RAO CIRCLE, BANGALORE- 560009. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2519 WP No. 71990 of 2012 4. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, NEW DELHI, BY ITS CHAIRMAN. 5. DR. SUBHASH BABRUWADA, DESIGNATED OFFICER THE FOOD SAFETY AND STANDARDS ACT, K.C. PARK ROAD, DHARWAD. …RESPONDENTS (BY SRI S. S. BADAWADAGI, ADVOCATE FOR R1, SRI M. B. KANAVI, ADVOCATE FOR R2 & R4) THIS WRIT PEITITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO QUASH THE ORDER DTD.26.10.2012, PASED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. IT MAY BE DECLARED THAT THE PROVISIONS OF THE REGULATIONS FRAMED BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FRAMED U/SEC.92 OF THE ACT 34 OF 2006, NAMELY: THE REGULATIONS NO.1, 2, 4 IN CHAPTER 1 REGULATIONS NO. 2.1 IN CHAPTER II, 5.1, IN PART II OF SCHEDULE IV, 7 IN PART II OF SCHEDULE IV, OF THE FOOD SAFETY AND STANDARDS [LICENSING AND REGISTRATION OF FOOD BUSINESSES] REGULATIONS 2011, CONDITIONS IMPOSED FOR GRANTING OF LICENSE UNDER THE FOOD SAFETY AND STANDARDS [LICENSING AND REGISTRATION OF FOOD BUSINESSES: REGULATIONS 2.2.2 OF THE FOOD SAFETY STANDARDS [PACKAGING AND LABELLING] REGULATIONS 2011, AND THE FOOD SAFETY AND STANDARDS [FOOD PRODUCTS STANDARDS AND FOOD ADDITIVES] - 3 - NC: 2025:KHC-D:2519 WP No. 71990 of 2012 REGULATIONS 2011 AND THE PENALTIES PRESCRIBED IN SECTION 50 TO 65 OF THE FOOD SAFETY AND STANDARD ACT 2006, AS UNCONSTITUTIONAL, ULTRA VIRES, ILLEGAL AND UNREASONABLE AND ARBITRARY. IT MAY BE DECLARED THAT THE APPOINTMENT OF THE FIFTH RESPONDENT AS THE DESIGNATED OFFICER UNDER FOOD SAFETY AND STANDARDS ACT, 2006, IS WHOLLY ILLEGAL, NULL AND VOID AND AS SUCH A WRIT OF QUO WARRANTO MAY KINDLY BE ISSUED AGAINST THE FIFTH RESPONDENT TO SHOW HIS AUTHORITY TO CONTINUE IN THE POST OF DESIGNATED OFFICER. ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT WHICH THIS HONOURABLE COURT DEEMS FIT TO GRANT MAY KINDLY BE GRANTED IN FAVOUR OF THE PETITIONER, BY ALLOWING THIS WRIT PETITION WITH COST THROUGH OUT, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Counsel Sri J S. Shetty submits that the petition would not survive for any further consideration as petitioner has closed the business in the light of thirteen years passed by after filing the present petition. - 4 - NC: 2025:KHC-D:2519 WP No. 71990 of 2012 2. His submission is placed on record. Petition is disposed as having become infrunctuous. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 99