Neutral Citation No. - 2025:AHC:131700 Court No. - 33 Case :- WRIT - C No. - 25881 of 2025 Petitioner :- Shri Krishna Janmsthan Seva Sansthan Through Its Secretary, Shri Kapil Kumar Sharma Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Ishan Deo Giri Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Ishan Deo Giri, learned counsel for the petitioner and Sri Manoj Kumar Singh, learned Chief Standing Counsel along with Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel for respondent Nos.1 to 6. 2. The petitioner has preferred the present petition with the following prayers:- I. Issue a writ of mandamus or any other appropriate writ, order or direction commanding Respondents government authorities to forthwith and strictly enforce a complete prohibition on the entry, sale, display, and distribution of any food item within the premises of temple complex. II. Issue a writ order or direction in the nature of certiorari to quash order dated 21.08.2024 passed by the Commissioner, Food Safety and Drug Administration, U.P., whereby the registration/license No. 22721810000169 of Shop No. 8A was reinstated despite recorded contamination, adulteration, and flagrant violations of food safety norms, and further direct the said authority to re-initiate proceedings for permanent cancellation of said license/registration in accordance with law, after due hearing of the Petitioner; III. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent Nos. 2 and 3 to initiate immediate and effective enforcement action under the Food Safety and Standards Act, 2006, against Respondent No. 7. 3. Facts in brief as contained in the writ petition are that the petitioner is a complainant and on the basis of his complaint, the license of the respondent No.7/Ashok Raghav of the shop who is selling adulterated foods against safety norms has been suspended by the Food Safety Officer, Mathura vide order dated 23.09.2023. Against the aforesaid order, respondent No.5 preferred appeal before the respondent No.5/Assistant Commissioner (Food), Department of Food Safety and Drug Administration Lucknow. The aforesaid appeal was allowed by the respondent No.5 vide order dated 21.08.2024 and restored the aforesaid license. Hence the present petition. 4. It is argued by learned Senior Counsel that since the order was passed on the basis of equity in favour of the respondent No.7. He is not pressed the relief for quashing the order passed by the respondent No.5 at this stage. It is argued that in case, in the order impugned itself, it is mentioned that in case, the respondent No.7/Ashok Raghav will follow provisions of the Food Safety and Standards Act, 2006 strictly & he will not commit any irregularity. In case, he will not follow the provisions, his license will be cancelled. It is argued that despite the aforesaid, the respondent No.7 sold adulterated food and did not follow the provisions of Food Safety and Standards Act and in this regard, the petitioner had made a complaint dated 28.08.2024 & 27.09.2024 to the respondent No.2/District Magistrate, Mathura and respondent No.3/S.S.P. Mathura, copy of the complaint is appended as Annexure 11 to the writ petition. It is argued that considerable time has already been lapsed but till date no final decision has been taken in the matter. 5. On the other hand, it is argued by learned Standing Counsel that the respondent No.5/Assistant Commissioner (Food), Department of Food Safety and Drug Administration Lucknow will take a decision in the matter expeditiously. 6 Heard learned counsel for the parties and perused the record. 7. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the respondent No.7/Ashok Raghav feels aggrieved by the order his right to seek modification/variation of the order is being kept reserved. 8. In the facts and circumstances of the case, without interfering with the order dated 21.08.2024 passed by the the respondent No.5/Assistant Commissioner (Food), Department of Food Safety and Drug Administration Lucknow, the present petition is disposed of directing the petitioner to make a fresh complaint raising all his grievances as has been raised in the representation/complaint dated 28.08.2024 & 27.09.2024 before the respondent No.5/Assistant Commissioner (Food), Department of Food Safety and Drug Administration Lucknow along with certified copy of this order within two weeks. In case, the petitioner does so, the respondent No.5 will decide the matter most expeditiously and preferably within a period of six weeks thereafter but after providing opportunity of hearing to the petitioner as well as respondent No.7/Ashok Raghav. Order Date :- 5.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad