Court No. - 29
Case :- WRIT - C No. - 25592 of 2018 Petitioner :- Sanjay Kumar Keshari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing counsel for the respondents.
The petitioner has come up in this writ petition against the order dated 14.12.2017 passed by the Additional District Magistrate (Finance and Revenue) as adjudicating authority under the Food Safety and Standard Act, 2006 whereby a penalty of Rs. 1,00,000/- has been imposed upon the petitioner and the order dated 29.1.2018 by which the aforesaid amount has been directed to be recovered.
The aforesaid order is an order passed under Section 68 of the Act imposing penalty for violation of Section 26 (2) of the Act. The said order is appellable under Section 70 of the Act before the Adjudication and Food Safety Appellate Tribunal.
The submission of leaned counsel for the petitioner that he is not running any shop and is not a food business operator and therefore the order of penalty is patently illegal, can also be considered by the appellate authority in appeal.
In view of the aforesaid facts and circumstances, we are not inclined to exercise our discretionary jurisdiction in the matter and the petition is dismissed with liberty to the petitioner to file an appeal and raise all grounds open to him before the appellate tribunal.
Order Date :- 31.7.2018 SKS