Bombay High Court
M/S Nag Vidarbha Chamber Of ... vs State Of Maharashtra ... on 30 May, 2017
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 545 OF 2002.
1. M/s. Nag Vidarbha Chamber of Commerce
Company Incorporate under the
Provisions of the Companies Act,
1956 and under the Societies Act,
through its President/Secretary
Shri Murlidhar s/o Premchandji
Surjan.
2. Wardha Merchants Association
Pvt. Ltd., Wardha 442 201 through
the President and Authorized
Signatory Shri Arun Kashikar.
3. The Wholesale Grain and Seeds
Merchants Association Pvt. Ltd.
Anaz Bazar, Itwari, Nagpur
through Pratap A. Motwani,
authorized Signatory.
4. Gondia Zilla Vyapati Federation
Opp. Prabhat Talkies Gondia 441 601
through its authorized Signatory
Shri Satish s/o Prataprai Rochwani.
5. Vidarbha Chamber of Commerce and
Industry, Hall no.3 Shrawgi Towers,
Tilak Road, Akola 444 001
through its authorized Signatory
Shri Kasamlal Nanjibhai.
6. The Nagpur Itwari Kiran Merchants
Association "Kirana Bhawan"
Maskasath, Itwari, Nagpur
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through its authorized Signatory
Shri Mayurkumar R. Panchmatiya.
7. The Oil Merchants Association
Nehru Putla, Itwari, Nagpur
440 002, through authorized Signatory
Shri Bharatkumar Thakker.
8. Vidarbha Food Industries Association
242, Ring Road, East Wardhaman Nagar,
Nagpur-8, through its President
Shri Prakash Waghmare.
9. Nagpur Bread Manufacturers Association.
52 Garoba maidan, Nagpur 440 002
through its authorized Signatory
Shri Ishwardas T. Manghani.
10. The Nagpur Hotel Owners Association
Ruikar Road, Ram Mandir Galli
Nagpur 40 002 through
its authorized Signatory
Shri Purushottam Joshi.
11. Shri Bharat Kumar Shantilalji Thakkar
Aged 45 years, Occ - Business
Partner of M/s. Shantilal Chunnilal
Maskasath Chowk, Itwari
Nagpur
12. Shri Govind s/o Shankarlal Mantri
Aged 40 years, Occ - Business
Director of Shareholder of M/s. Paramount
Pulses Pvt. Ltd. Mantri Sadan
Gandhibagh, Nagpur - 2.
13. Nagpur Tea Merchants Association
"Heera Plaza", 3rd Floor, Opp. Telephone
Exchange, Central Avenue, Nagpur 440 008
through its authorized signatory
shri Vijay Javery
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14. Vidarbha Dal Miller Association
50, N. Small Factor Area Bagadganj
Nagpur -8, through its authorized
Signatory Shri Giridhar Bhojwani
15. Chandrapur Vyapari Mandal
9, Mohata Complex, Tilak Ground
Chandrapur 442 402
through its Authorized Signatory
Shri Ramesh Bothra. ....PETITIONERS.
VERSUS
1. The State of Maharashtra
through the Secretary,
Medical Education and Drugs Department
Mantralaya, Mumbai 400 032.
2. The Joint Commissioner,
Food and Drugs Administration
Limbana Building, Mount Road,
Sadar, Nagpur.
3. Union of India,
through the Director General of Health
Services, Union Health and Family
Welfare Ministry, 150 "A", Nirman
Bhavan, New Delhi. ....RESPONDENTS
.
------------------------------
None for the Petitioners.
Ms. S. Haider, A.G.P. for Respondent Nos.1 & 2.
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CORAM : B.P. DHARMADHIKARI
AND Z.A. HAQ, JJ.
DATED : MAY 30, 2017.
ORAL JUDGMENT. (Per Z.A. Haq, J)
None appeared for the petitioners as well as respondent no.3 on
29.05.2017. Matter was kept back and today again when the matter is
called out, none appeared for the petitioners as well as respondent no.3.
With the assistance of Ms. Haider, learned Assistant Government Pleader, we
have gone through the petition.
2. Petitioners have challenged notification dated 31.12.2001 issued
by the Medical Education and Drugs Department, Government of
Maharashtra in exercise of powers conferred by Section 24[2][d] of
Prevention of Food Adulteration Act, 1954 and amended Maharashtra
Prevention of Food Adulteration Rules, 1962.
3. The challenge of the petitioners is that the above notification is
issued without complying with the mandate of Section 24 of the 1954 Act
which casts an obligation on the State Government to make prior
consultation with the Central Committee constituted as per Section 3 of the
Judgment wp711.02
Act of 1954, before amending the Rules.
4. The respondent nos. 1 and 2 had filed their reply on 10.04.2002,
after considering which this Court had passed an order on 10.04.2002
recording the submission on behalf of State Government that it will have a
meeting with the representatives of Traders and their organization and
would reconsider the issue. Thereafter, neither the petitioner has amended
the petition or filed any affidavit, nor the respondent nos. 1 and 2 have filed
any affidavit / rejoinder.
5. The Food Safety and Standards Act, 2006 is enacted and is
brought into force on 15.10.2007. Section 97 of the said Act lays that the
enactment and orders specified in second schedule shall stand repealed.
Entry No.1 in the second schedule refers to the Prevention of Food
Adulteration Act, 1954. Thus, the Prevention of Food Adulteration Act,
1954 under which the impugned notification was issued itself stands
repealed. In these facts, in our view the challenge raised in the petition is
rendered infructuous. The same is dismissed accordingly. No costs.
JUDGE JUDGE
Rgd.
