Court No. - 10
Case :- WRIT - C No. - 27811 of 2018 Petitioner :- Abdul Munim Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner and Sri G.S. Chauhan, learned Standing Counsel for the State- respondents.
The grievance of the petitioner is that despite the fact that the petitioner has a valid certificate of registration under the Food Safety and Standards Act, 2006 (FSSAI) dated 10th July, 2018 which is valid till 9th July, 2019 (Annexure-1 to the petition), the respondent No.4, Station House Officer, Police Station, Nagina Dehat, District- Bijnor is obstructing in the running of the Chicken Darbar Dhaba of the petitioner. The petitioner has approached the District Magistrate, Bijnore by way of representations dated 15th July, 2018 and 22nd July, 2018 (Annexure nos.2 and 3 to the petition). Copy of the said representation has also been given to the Superintendent of Police, Bijnor.
According to learned counsel for the petitioner, the interference by the Station House Officer of the concerned police station is still continuing and neither the District Magistrate nor the Superintendent of Police, Bijnor has taken any action on the representation of the petitioner.
Considering the facts and circumstances of the case, we dispose of this petition with a direction to respondent nos.2 and 3 i.e the District Magistrate, Bijnor and Superintendent of Police, Bijnor to look into the grievance of the petitioner and take an appropriate decision within a week from the date of production of a certified copy of this order.
If the District Magistrate, Bijnor and Superintendent of Police, Bijnor is of the view that S.H.O., Bijnor has been unnecessarily interfering in the running of the Chicken Darbar Dhaba of the petitioner, appropriate action be taken against the S.H.O., Bijnor and they will ensure that the petitioner's Dhaba is also to run smoothly, strictly in accordance with law.
Order Date :- 21.8.2018 Ashutosh (Daya Shankar Tripathi,J.) (Vikram Nath,J.)