HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7577/2022
Sh. Praveen Garg S/o Laxmi Chand Garg (F.b.O) and Anr.
----Petitioners
Versus
The State Of Rajasthan and Anr.
----Respondents
For Petitioner(s) : Mr. Mayank Gupta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/07/2022 Learned counsel for the petitioner submits that in absence of the Presiding Officer in the Food Safety Appellate Tribunal, his appeal against the impugned judgment dated 26.11.2021 passed by the Food Safety Officer is not being considered. Relying on a Division Bench judgment of this Court dated 15.01.2018 in D.B. Civil Writ Petition No. 12076/2018: Rajneesh Sharma Vs. State of Rajasthan and Ors., learned counsel for the petitioner submits that Food Safety Officer was not authorized to take the sample as was done in the present case. He submits that in S.B. Civil Writ Petition No.2855/2022: Laxmi Chand Gupta Vs. State of Rajasthan, involving an identical controversy, a Co- ordinate Bench of this Court has been pleased vide its order dated 24.02.2022 to stay the operation of the impugned order therein and prays for similar relief.
Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two (Downloaded on 04/07/2022 at 09:59:48 PM) (2 of 2) [CW-7577/2022] sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
Heard learned counsel on interim relief. Taking into consideration the contentions advanced by him, material on record and order of this Court dated 24.02.2022 passed in the case of Laxmi Chand (supra), this Court deems it just and proper to stay the operation and effect of the order dated 26.11.2021, till further orders.
(MAHENDAR KUMAR GOYAL),J Ashu/50 (Downloaded on 04/07/2022 at 09:59:48 PM) Powered by TCPDF (www.tcpdf.org)