Petitioner sought restoration of an expired meat shop license and issuance of a No Objection Certificate. The court declined the prayer for restoration due to expiration and lack of a renewal application but reserved liberty to apply for renewal.
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Court No. - 40
Case :- WRIT - C No. - 12032 of 2021
Petitioner :- Saleem Ahmad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 6; and perused the record.
The petitioner had a license for a meat shop under the Food Safety and Standards Act, 2006, which was valid up to 5th March, 2021. This license was suspended by order dated 7th March, 2020. The said order dated 7th March, 2020 was challenged in Writ C No.12552 of 2020 on the ground that the order of suspension was passed without opportunity of hearing. The writ Court by order dated 22nd September, 2020, upon finding that the order impugned was without opportunity of hearing, set aside the order dated 7th March, 2020 and granted liberty to the authority to pass fresh order in accordance with law.
The case of the petitioner is that since the proceeding was not brought to its logical conclusion and in the meantime the license of the petitioner expired, he applied for issuance of 'No Objection Certificate' from the police station concerned to enable him to seek for renewal of the license.
The prayer in this petition is that the respondents be directed to grant 'No Objection Certificate' and restore the meat shop license already granted to the petitioner.
As, admittedly, the license for the meat shop of the petitioner has expired on 5th March, 2021 and there is nothing on record to show that an application for renewal of the license has been made by the petitioner, we decline the prayer of the petitioner, at this state, but leave it open to the petitioner to apply for renewal of the license in accordance with law. If any such renewal application is filed by the petitioner, it is expected that the authority concerned shall call for the necessary reports including whether there is any objection and shall consider the same in accordance with law expeditiously.
With the aforesaid liberty and observation, this petition stands disposed off.
Order Date :- 25.6.2021. Rks.
1 issue framed by the court
Whether the petitioner can be granted relief to restore an expired license without a pending renewal application.
Saleem Ahmad
State Of U.P.
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
