Shri Rakesh Kingrani v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1032 of 2015 Shri Rakesh Kingrani S/o Sudama Chandra Kingrani Aged About 38 years Proprietor M/s Shivnath Pulses, R/o Shivnath Pulses, Khokhali, Bhatapara, Dist. Baloda BazarBhatapara (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Commissioner, Food Safety And Standard, - Cum- Principal Secretary Health And Family Welfare Chhattisgarh Government, Mahanadi Bhawan, Naya Raipur (Chhattisgarh).

3. Controller, Food And Drug Administration, Indirawati Bhawan, Raipur (Chhattisgarh)

4. Designated Officer- Cum - Chief CMO, Medical Officer And Deputy Director, Food And Drug Administration, Dist. Baloda Bazar, Bhatapara (Chhattisgarh)

5. Food Safety Officer, Food And Drug Administration, Dist. Dhamtari (Chhattisgarh) ---- Respondents For Petitioner :

Shri Vipin Punjabi, Advocate For Respondent / State :

Shri Vinod Tekam, Panel Lawyer Order On Board 14/07/2015 Though return has not been filed, learned counsel for the petitioner submits that during the pendency of the petition, the seized articles and premises were ordered to be released by the Magistrate and have now been released. He submits that due to illegal action of the respondent / authorities, the petitioner could not carry on his business and suffered monitory loss. Therefore, appropriate compensation may be ordered.

2. As to what would be the amount of compensation payable to the petitioner will

essentially depend upon the extent of damage sustained by the applicant in running his business. This would require evidence . Therefore, I am not inclined to keep this matter pending.

3. Accordingly, this petition is disposed off reserving liberty to the petitioner to seek remedy of damages in appropriate Forum.

Sd/- Manindra Mohan Shrivastava Judge Deepti