Ashok Kumar Azad v. Food Safety And Standards Authority Of India & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5819/2020 & CM APPLs.21050-52/2020 ASHOK KUMAR AZAD ..... Petitioner Through:

Mr.

Pankaj Kumar and Mr. Shubhendu Saxena, Advs.

versus FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA & ANR.

..... Respondents Through:

Mr.

Aditya Singla, Adv.

for R-1/FSSAI.

Mr. Chetan Sharma, ASG with Mr.

Amit Mahajan, CGSC, Mr. Dhruv Pande, Adv., Mr. Gitesh Chopra, Adv. and Mr. Kritagya Kait, Adv. for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 31.08.2020 Proceedings in the matter have been conducted through video conferencing.

CM APPLs.21050/2020 & 21052/2020 (both exemption applications) Allowed, subject to just exceptions.

Both the applications stand disposed of.

CM APPL.21051/2020 (exemption from filing attested affidavits) The present application under Section 151 of the Code of Civil W.P.(C) 5819/2020 Page 1 of 3

Procedure, 1908 have been filed on behalf of the applicant seeking exemption from filing duly signed and affirmed affidavits in support of the accompanying applications and to pay the requisite court fees. For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant is allowed to file the duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court. Further, the applicant is allowed to file the requisite court fee within a period of 72 hours from the date of resumption of regular functioning of the Court. With the above directions, the present application is disposed of. W.P.

(C) 5819/2020 Counsel appearing for the petitioner submitted that it would suffice for the disposal of this writ petition if this petition is treated as a representation and the grievances ventilated in this petition are decided by the concerned respondent authorities in light of 'Annexure P-5' to the memo of this writ petition i.e. Parliamentary Standing Committee's report. In view of this limited submission, we hereby direct the concerned respondent authorities to treat this writ petition as a representation and decide the same in accordance with law, rules, regulations and Government policies applicable to the facts of the case, and also keeping in mind the report given by Parliamentary Standing Committee which is at 'Annexure P-5' to the memo of this writ petition especially paragraphs 2.3, 2.10, 2.12 and 3.77 thereof.

With these observations, this writ petition is hereby disposed of. Liberty is reserved with the petitioner to seek appropriate proceedings before appropriate forum in accordance with law in case the petitioner is W.P.(C) 5819/2020 Page 2 of 3

aggrieved by the actions of the respondents.

CHIEF JUSTICE PRATEEK JALAN, J AUGUST 31, 2020 kks W.P.(C) 5819/2020 Page 3 of 3