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2025 DAILYLAW 82500 (ALL)

M/S S.P.J. COLD STORAGE PRIVATE LIMITED v. STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/25758/2025 · 2025-10-07

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25758 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed with following prayer: " (i) issue writ, order or direction in the nature of Certiorari quashing the impugned order dated 09.12.2024 passed by Assistant Commissioner (Food)/II/Designated Officer, Food Safety and Drugs Administration, Gautam Budh Nagar- Respondent No.4 (Annexure-1 to the writ petition). (ii) issue writ, order or direction in the nature of Mandamus directing the respondent authorities not to interfere in the peaceful operation of the cold storage of the Petitioner; (iii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case in the facts and circumstances of the case; and (iv) award the costs of the petition to the Petitioner." 2. Learned standing counsel has raised preliminary objection and submitted that against the impugned order, petitioner is having alternative remedy to file appeal under 2.1.12 Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011, which could not be disputed by learned counsel for petitioner. 3. Under such facts and circumstances of the case, writ petition is dismissed with liberty to the petitioner to file appeal under 2.1.12 Food Safety and Versus Counsel for Petitioner(s) : D.M.Tripathi, Devansh Misra Counsel for Respondent(s) : C.S.C. M/S S.P.J. Cold Storage Private Limited .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s) Standards (Licensing and Registration of Food Businesses) Regulation, 2011. 4. At this stage, learned counsel for the petitioner submitted that there is some delay in filing appeal, therefore, Court may please to condone the same and direction may be issued to decide the appeal on merits for which learned counsel for respondents have no objection. 5. Considering the submissions raised learned counsel for the parties, in case any such appeal is filed within 15 days from today, the same shall not be rejected on the ground of laches, but be decided on merits. All endeavor shall be made to decide the appeal maximum within two months from the date of filing of appeal. October 8, 2025 Monika WRIC No. 25758 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad