M/S Radha Krishna Bakary House vs The State Of Bihar And Ors
2025 Latest Caselaw 289 Patna

Patna High Court

M/S Radha Krishna Bakary House vs The State Of Bihar And Ors on 14 May, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12161 of 2017
     ======================================================
     M/s Radha Krishna Bakary House Son of Sri Yadunandan Prasad, Resident of
     Village- Mocharim, Police Station- Bodh Gaya, District- Gaya.
                                                                ... ... Petitioner/s
                                        Versus
1.    The State Of Bihar and Ors
2.   The Food Safety Officer, Gaya Camp, Gaya.
3.   The Additional Collector, Gaya.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Binay Kumar
     For the Respondent/s   :       Mr.Manoj Kumar -GP-4
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT

      Date : 14-05-2025


                 1. The writ petition is filed for the following

     relief:-

                 (i) To quash the order dated 12.07.2017

     passed by the Adjudicating Officer-cum-Additional

     Collector, Gaya in Case No. 01/15-16 whereby the

     petitioner was penalized by imposing fine of Rs.

     2,50,000/- (Rs. Two Lakh Fifty Thousand only) under

     Section 52 of the Food Safety and Standards Act,

     2006.

                 2. The brief facts culled from the writ petition

     are that the petitioner is a licensee under the Food

     Safety and Standards Act, 2006, bearing License No.
 Patna High Court CWJC No.12161 of 2017 dt.14-05-2025
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       10412201000019,                 for       manufacturing,    marketing,

       trading, and other services under the trademark

       "Ldico"        (Trade       Mark       No.      2369371),   related   to

       biscuits, rusk, coffee, tea, cocoa, and sugar. The

       petitioner is carrying on his business in accordance

       with the terms and conditions of the license by

       paying valid sales tax. Further, it is contended in the

       writ petition that an inquiry was conducted on the

       petitioner's premises and a notice for sampling was

       served on 27.12.2012, for testing the samples as per

       prescribed parameters. It is specifically contended in

       the writ petition that the procedure for collecting and

       sending samples to the analyst was not followed by

       the Food Safety Officer in accordance with Rule 2.4.

       (1)(2) of the Food Safety and Standards Rules, 2011.

       A notice dated 17.12.2015 was issued to the

       petitioner by the Adjudicating Officer-cum-Additional

       Collector, Gaya, without enclosing a copy of the Food

       Analyst's report. The petitioner was directed to

       respond in Case No. 01/2015-16, initiated against

       him under Section 52 of the Food Safety and

       Standards Act, 2006.
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                    3.     Learned         counsel     for    the    petitioner

       specifically contends that there has been a violation

       of the principles of natural justice, and therefore, the

       petitioner was constrained to approach this Court by

       filing the present writ petition.

                    4. On the other hand, a detailed counter-

       affidavit was filed by the State Government denying

       all allegations made in the writ petition. It is,

       contended that a copy of the Food Analyst's report

       was sent to the petitioner vide Letter No. 48 dated

       05.03.2013

through registered post. As no appeal

was preferred against it, the Analyst's report has

attained finality.

5. It is the specific contention of the

respondents that the petitioner filed the present writ

petition without availing the alternative remedy of

filing an appeal. Hence, prayed to dismiss the writ

petition as it is devoid of merits.

6. Heard the learned counsel for the

petitioner and the learned counsel for the

respondents.

Patna High Court CWJC No.12161 of 2017 dt.14-05-2025

7. Section 68 of the Food Safety and

Standards Act provides ample power for adjudication

to the Food Safety Appellate Tribunal, which is

intended to safeguard the rights of parties. The

petitioner, without availing the alternative remedy,

approached this Court. Therefore, this Court is of the

considered view that the petitioner shall avail the

alternative remedy before the appropriate forum,

within one month from the date of receipt of a copy

of this order. In turn, the Appellate Authority shall

consider the appeal, including the aspect of

limitation, since the petitioner has filed the writ

petition within the stipulated time. The Appellate

Authority shall dispose of the appeal within two

months from the date of filing of the appeal.

8. With the abovesaid observation, this Writ

petition shall stand disposed of.

(G. Anupama Chakravarthy, J)

vinita/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.05.2025
Transmission Date