IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.39144/2017 (GM-RES-PIL) BETWEEN:
SRI KEERTIVARDHAN JOSHI S/O LATE MANOHAR JOSHI R/A NO.144, 50 FEET ROAD HANUMANTH NAGAR BENGALURU – 560 019 ...PETITIONER (BY SRI TEJASVI SURYA L.S. FOR SRI S.SUDHARSAN, ADVOCATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY MINISTRY OF URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU – 560 001 2. PRINCIPAL SECRETARY MINISTRY OF HEALTH AND SOCIAL WELFARE FOOD & SAFETY DEPARTMENT VIDHANA SOUDHA, BENGALURU – 560 001 3. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE NR SQUARE, BENGALURU – 560 001 4. FOOD SAFETY COMMISSIONER COMMISSIONER OF HEALTH & FAMILY WELFARE SERVICES PUBLIC HEALTH INSTITUTE SHESHADRI ROAD BANGALORE – 560 001 …RESPONDENTS (BY SRI R.DEVDAS, PRL.GOVT. ADVOCATE FOR R1, R2 & R4; SRI V.SREENIDHI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RUNNING OF INDIRA CANTEENS WITHOUT OBTAINING LICENSES AS MANDATED UNDER SECTIONS 31(1) AND 31(7) OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AS ILLEGAL AND UNLAWFUL ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. The sole contention urged in this public interest litigation is that ‘Indira Canteens’ run by Bruhat Bengaluru Mahanagara Palike are not licensed under the Food Safety and Standards Act, 2006 (‘the Act’). In other words, they have not obtained licences as contemplated under Section 31 of the Act to carry on any food business.
2. Sri R.Devdas, learned Government Advocate takes notice for respondent nos.1, 2 & 4. Sri V.Sreenidhi, learned Standing Counsel takes notice for respondent no.3.
3. On instructions, learned counsel appearing for the respondents submit that all ‘Indira Canteens’ which are operating have obtained licences under Section 31 of the Act. Learned counsel appearing for respondent no.3 submits that the licences have been displayed in all the ‘Indira Canteens’.
4. In view of the above, learned counsel appearing for the petitioner submits that no further order is necessary in this writ petition. The writ petition is accordingly disposed of by placing the submissions made by learned Counsel for the respondents on record.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE hkh.
Sd/- JUDGE