M/S. Sheetal Refineries Pvt., Ltd., v. The Commissioner

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 35105 of 2012 Order:

It is the case of the petitioner Company that it is engaged in the business of refining edible oils since 1995. It has been doing the said business after obtaining permission from the concerned Industries Department, Food Safety and Standards Department, Legal Metrology, GHMC etc. The trade licence issued by the respondents subsists till 31.03.2013. However, when the second respondent issued a show cause notice on 18.10.2012, the petitioner Company submitted an explanation on 20.10.2012, but without considering the same when a closure notice was issued on 07.11.2012 the present Writ Petition was filed. This Court, while ordering notice before admission on 09.11.2012, suspended the said closure notice dated 07.11.2012 and directed the second respondent to remove the seals.

Learned counsel for the petitioner submits that the petitioner Company applied for renewal of trade license and trade license is also renewed.

However, since the present Writ Petition is filed challenging the closure notice dated 07.11.2012 on the ground of non-consideration of the explanation submitted by the petitioner pursuant to the show cause notices dated 18.10.2012 and 20.10.2012, this Writ Petition is disposed of giving liberty to the first respondent to consider the said explanation and pass appropriate orders thereon in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. Till such

time, the business activity of the petitioner Company pursuant to the closure notice shall not be interfered with, unless there are other orders which compel the respondents to take action. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 16.12.2016 Nsr