Burra Lingaiah Yadav vs The State Of Telangana And 3 Others
2022 Latest Caselaw 563 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI


                     WRIT APPEAL No.354 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

22.06.2021

passed in W.P.No.13278 of 2021 by the learned

Single Judge.

The facts of the case reveal that the writ petitioner came

up before this Court against the order passed by the

Adjudicating Officer/Additional District Collector/Additional

District Magistrate, Nalgonda district, in exercise of powers

conferred under the Food Safety and Standards Act, 2006 (for

short, "the Act"), and the action taken under Section

26(2)(iv)(v) of the Act. A prayer was made for grant of

compensation and for setting aside the order impugned. The

learned Single Judge has dismissed the writ petition keeping

in view the fact that a remedy lies before the designated

Principal District and Sessions Judge, as he has been

designated as Food Safety Appellate Tribunal vide

G.O.Rt.No.493, dated 26.06.2015.

In the considered opinion of this Court, the learned

Single Judge is certainly justified in disposing of the writ

petition with a liberty to avail the alternative remedy. So far

as the issue of compensation is concerned, on 10.08.2021,

the learned counsel for the appellant/writ petitioner has

confined the scope of the present appeal only to the extent of

the order passed by the Adjudicating Officer. As the

appellant/writ petitioner has abandoned the claim for

compensation, he is certainly free to file an appeal in

accordance with law.

Accordingly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J 10.02.2022 ES