VAIDHYA FOOD PRODUCTS, BHALESAR ROAD, v. STATE OF CHHATTISGARH
WPC/4577/2026 · 2026-09-16
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36858 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36858 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CGHC010344972026
2026:CGHC:40698
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4577 of 2026 • Vaidhya Food Products, Bhalesar Road, Mahasamund Chhattisgarh Through Its Proprietor Shri Shobhit Singh S/o Shri Ram Naresh Singh Aged About 29 Years R/o Housing Board Colony Ramantola Mahasamund Chhattisgarh.
... Petitioner versus
1. State Of Chhattisgarh Through- The Secretary Department Of Health And Family Welfare Mahanadi Bhawan Mantralaya Nava Raipur, Atal Nagar, District- Raipur Chhattisgarh.
2. Collector Mahasamund District- Mahasamund Chhattisgarh.
3. Commissioner Food Safety Food And Durg Administration Raipur Chhattisgarh.
4. Deputy Proprietor Food And Drugs Administration Mahasamund District Mahasamund Chhattisgarh.
5. Food Safety Officer Food And Drug Administration District Mahasamund Chhattisgarh.
... Respondents For Petitioner(s) : Ms. Vaishali Jeswani, Advocate. For Respondent(s)/state : Mr. Priyank Rathi, Govt. Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 17/09/2026
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 Issue an appropriate writ, order or direction, CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2026.09.24 11:43:33 +0530
2 including a writ in the nature of certiorari, quashing the impugned action/order/notice dated 20.08.2026 whereby the petitioner's premises situated at Bhalesar Road, Mahasamund, Chhattisgarh, has been shut/closed/ sealed; 10.2 Issue an appropriate writ, order or direction, including a writ in the nature of mandamus, directing the respondents to forthwith remove the seal/closure and permit the petitioner to reopen and operate his licensed food business; 10.3 During pendency of the present petition, stay the operation/effect of the impugned closure/sealing action and direct the respondents to permit the petitioner to resume operation of the premises; 10.4 Any other relief deemed fit in the facts and circumstances of the case, in the interest of justice.”
2.
Learned counsel for the Petitioner submits that the present petition has been filed challenging the action of the respondent authorities in shutting/closing/sealing the petitioner's food business premises situated at Bhalesar Road, Mahasamund, Chhattisgarh, on 20.08.2026. It is submitted that the said action has been taken without serving any notice upon the petitioner and without following the procedure prescribed under the Food Safety and Standards Act, 2006, and the Rules/Regulations framed thereunder. Learned counsel further submits that no reasoned
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order authorising the closure/sealing of the premises has been served upon the petitioner. It is submitted that the only document affixed at the premises is a purported notice bearing the seal, designation and signature of the Food Safety Officer, which does not disclose the statutory provision under which such action has been taken, the reasons for such action, the period for which the closure/sealing is to remain operative, or the remedy available to the petitioner for seeking recall or revocation thereof. A photograph of the said notice affixed at the petitioner's premises has been annexed with the petition as Annexure P/1.
3.
Learned counsel for the State submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending representation, he is having no objection to the limited prayer. His pending representation will be considered in accordance with law.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the facts and circumstances of the case, instead of keeping the present petition pending, and in view of the affidavit filed by the concerned Food Safety Officer, as well as the fact that the shop of the petitioner has been unsealed, nothing further remains to be adjudicated in the present petition. Accordingly, the present petition is disposed of. However, this shall not absolve the petitioner of the obligation to comply with the prescribed food safety measures, and the respondent authorities shall always be
4 at liberty to proceed against the petitioner in accordance with law if any complaint is made against the petitioner in respect of violation of any food safety norms,
6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Chandrakant