Shree Om Prakash Gupta S/O ... vs The State Of Rajasthan
2022 Latest Caselaw 4464 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6504/2022

Shree Om Prakash Gupta S/o Ramjilal Gupta 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 24.02.2021 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

(2 of 2) [CW-6504/2022]

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

24.02.2021, till further orders.

List along with S.B. Civil Writ Petition No. 7577/2022 as

prayed.

(MAHENDAR KUMAR GOYAL),J

Ashu/42

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