Court No. - 29
Case :- WRIT - C No. - 38409 of 2018 Petitioner :- Rajeev Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred this petition for quashing of the recovery certificate dated 28.9.2018 and the order dated 15.12.2016 passed by respondent no.3.
The aforesaid recovery certificate has been issued pursuant to the order dated 15.12.2016. The order dated 15.12.2016 is an order passed by the adjudicating authority against which an appeal is provided under Section 70(1) of the Food Safety and Standard Act, 2006 before the Food Safety Appellate Tribunal. The petitioner has not challenged the aforesaid order passed by the adjudicating authority in an appeal and, therefore, the same as of date is final and conclusive. The recovery is only as a consequence of the same, therefore, the petitioner cannot succeed in challenging the recovery unless the adjudicating order is assailed successfully.
In view of the aforesaid facts and circumstances of the case, the petition is disposed of with the liberty to the petitioner to prefer an appeal against the order dated 15.12.2016, passed by respondent no.3, before the Appellate Tribunal.
Order Date :- 26.11.2018 Hasnain