Nestle India Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.3227 of 2016

1. Nestle India Limited Name Of Person I/C or Nominee of Company Mr. Denzil Bosco Lobo ( Sales Manager) C/o M/s Fast Forwarding Agency, Opposite Shiv Dharam Kanta Behind ( Agrawal) Durga Fuels Ring Road No.2, Gondawara, Raipur 493221 (Chhattisgarh)

2. Anoop Kumar Jain, S/o Shri Devendra Kumar Jain, Messrs Jain Provision, Pratapganj Para Jagdalpur, District Bastar (Chhattisgarh)

3. Dularam Lachhwani, S/o Late Shri Trilok Chandra Lachhwani Messrs Shri Ram Trading Company, State Bank Road, Near Sitaram Shivalaya, Jagdalpur, District Bastar (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Food And Civil Supplies, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (Chhattisgarh)

2. The Food Safety Officer, Food And Drug Administration, Jagdalpur, District Bastar (Chhattisgarh) --- Respondents For Petitioners : Mr. Abhishek Sinha and Mr. Ghanshyam Patel, Advocates For State : Mr. J.K. Gilda, Advocate General and Mr. Prasun Bhaduri, Government Advocate Mr. Subrat Sahoo, Principal Secretary, Department of Health and Family Welfare, Govt. of Chhattisgarh and Mr. R.S. Sharma, Principal Secretary, Law and Legislative Affairs Department, Raipur are present in the Court.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/10/2017 (1) Mr. J.K. Gilda, learned Advocate General appearing for the State would submit that Food Safety Appellate Tribunal has been constituted by the State Government under the Food Standards and Safety Act, 2006 and notification in this regard will be published within a

period of one week from today and now the petitioners may prefer an appeal before the Food Safety Appellate Tribunal. (2) In view of the submission made by learned Advocate General appearing for the State, the petitioners are at liberty to prefer an appeal before the Food Safety Appellate Tribunal within a period of one month from today. It is made clear that interim relief granted earlier by order of this Court dated 04.01.2017 shall remain in force till the appeal is heard on admission and application for grant of interim relief i.e. within one month from today.

(3) Presence of Mr. Subrat Sahoo, Principal Secretary, Health, State of Chhattisgarh and Mr. R.S. Sharma, Principal Secretary, Law and Legislative Affairs Department, State of Chhattisgarh are dispensed with.

(4) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-