Court No. - 32
Case :- WRIT - C No. - 30524 of 2012 Petitioner :- Suneet Kumar Agarwal Respondent :- State Of U.P. And Others Counsel for Petitioner :- T.A. Khan Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
The present writ petition has been filed, inter alia, for the following reliefs:-
"(i). Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.04.2012 passed by respondent No.2 (Annexure No.4 to the writ petition).
(ii). Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to release the seized edible oil in favour of the petitioner."
Learned Standing Counsel states that the petitioner has an alternative remedy to approach the Tribunal to file appeal under Section 70 of the Food Safety and Standards Act, 2006, against the impugned order dated 30.04.2012.
In view of the above, the writ petition is dismissed on the ground of alternative remedy.
However, in case the petitioner files the appeal within a period of 30 days from today, the same shall be decided on merits and shall not be rejected on the ground that it has been filed beyond the period of limitation.
Order Date :- 24.8.2018 Atmesh