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2026 DAILYLAW 39167 (CHH)

M/S SHREE SAWARIYA SETH MILK AND FOOD PRODUCTS v. STATE OF CHHATTISGARH

WPC/5293/2026 · 2026-10-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010407542026 2026:CGHC:44686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5293 of 2026 1 - M/s Shree Sawariya Seth Milk And Food Products Through Its Proprietor Shri Anshul Bansal, Aged About 28 Years, S/o Late Shri Ashok Bansal, Situated At Near Cold Storage, Umiya Market, Birgaon, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Commissioner Of Food Safety Chhattisgarh Food And Drugs Administration, Room No. 1/4/12, Block-1, 4th Floor, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3 - Designated Officer (Food Safety) District Raipur, Food And Drugs Administration, Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Pranjal Agrawal, Advocate. For Respondent(s)/State : Mr. Anand Dadariya, Dy. A.G. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/10/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. Call for the entire record relating to the impugned order dated 12.09.2026 (Annexure P-1) from the Respondents; 10.2. Issue a writ of certiorari or any other appropriate writ quashing the impugned order dated 12.09.2026 (Annexure P-1) suspending the Petitioner's Food Licence No. 10525016000332; 10.3. In the alternative, direct Respondent No. 2 to hear and decide the Petitioner's appeal dated 17.09.2026 (Annexure P-5) within such short time as this Hon'ble Court may fix, after giving the Petitioner an opportunity of hearing, by a reasoned order; 10.4. Award costs of the petition to the Petitioner; and 10.5. Grant any other relief that this Hon'ble Court deems fit in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that, against the order dated 12.09.2026, the petitioner has already preferred an appeal before the Commissioner of Food Safety on 17.09.2026. He further submits that the appeal is pending and, therefore, appropriate orders may be passed. 3 3. On the other hand, learned counsel for the State, on instructions, submits that, since the appeal was filed on 17.09.2026, the same will be decided expeditiously, preferably within a period of 15 days. 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, and further considering the assurance given by learned counsel for the State, on instructions, that the appeal will be decided within a period of 15 days from the date of receipt of a copy of this order, the petitioner is relegated to the appellate authority for redressal of his grievance. In case any adverse order is passed, the petitioner shall be at liberty to approach this Court in accordance with law. 6. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat