FSSA -Rajasthan HC – M/s Connaught Plaza Restaurants Vs State – Used oil case –

            IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

                       BENCH AT JAIPUR
             S.B. Civil Writ Petition No. 17746 / 2016
M/s Connaught Plaza Retaurants Pvt. Ltd., Having Their Corporate
Office At 13-A, Jor Bagh Market, New Delhi - 110003 Through Its
Authorized Signatory Sh. Devinder Kumar Jain S/o Sh. Padam
Prakash Jain



                                                         ----Petitioner
                              Versus
1. The State of Rajasthan Through Principal Secretary, Medical and
Health Department, Government of Rajasthan, Secretariat, Jaipur

2. The Commissioner, Food Safety Department of Food Safety and
Drug Administration, Savasthya Bhawan, Tilak Marg, C-Scheme,
Jaipur

3. Chief Medical and Health Officer, Jaipur - I, Medical and Health
Services, Savasthya Bhawan, Tilak Marg, C-Scheme, Jaipur

4. Food Safet and Standards Authority of India, FDA Bhawan,
Kotla Road, New Delhi- 110002 Through Its Authorized
Representative
                                                   ----Respondents 
Counsel For Petitioner(s) : Mr Ashok Gaur, Sr Advocate with Mr Pankaj Ghiya Mr Pawan Sharma Mr Meenal Ghiya and Ms Priyamvada Joshi Counsel For Respondent(s) :

HON’BLE MR. JUSTICE MN BHANDARI Judgment 21/12/2016

The writ petition was argued at length by learned (2 of 3) [CW-17746/2016] counsel. He has raised many issues, however, a prayer is made to allow them to contest the notice dated 8.11.2016 and other similar notices. A direction may be given to the authority concerned to consider and decide all the issues raised therein by the petitioner company. The issues raised in the writ petition and specifically the issue has been raised that no standards have been prescribed for used oil yet the sample of used oil was taken and declared to be sub-standard. The petitioner company even preferred appeal by invokingsection 46(4) of the Food Safety and Standards Act, 2006 but it has not been decided. A further liberty may be given to approach the higher authorities against harassment caused to the company by inspecting and taking sample of used oil despite of direction that till standards are provided, sample of used oil may not be taken. In case, petitioner company approaches the higher authorities, a direction may be given for consideration of the representation.

In view of the prayer made by learned counsel, writ petition is disposed of with liberty to the petitioner company to raise all the issues in response to the notice dated 8.11.2016 and similar notices, as have been raised in this petition, which includes the issue referred above. The prescribed authority would consider all the issues and pass speaking order in pursuance to the notice dated 8.11.2016 and other similar notices for different establishments of the petitioner company.

The petitioner company would further be at liberty to (3 of 3) [CW-17746/2016] make representation to the competent authority against alleged harassment. While making the representation, petitioner would be at liberty to make a reference of the order passed by the authorities for not taking sample of used oil till standards are prescribed. In case of representation, authorities would be expected to pass effective order on the representation. The petitioner company is given further liberty to refer the documents while submitting reply to the notice dated 8.11.2016 at annexure- 25 and other similar notices, if have been received or to be received in future. The reply thereupon would be considered in the light of the direction given above.

(MN BHANDARI)J.

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