This Single Judge Bench dismissed a writ petition challenging an order regarding the Food Safety and Standards Act, 2006. The court held that an alternative statutory remedy via the Appellate Tribunal existed under Section 70 of the Act.
Disposed of by granting liberty to avail alternative statutory remedy under Section 70 of the 2006 Act.
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Court No. - 29
Case :- WRIT - C No. - 24691 of 2022
Petitioner :- Sunil Mishra Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.
By this petition, the petitioner has challenged the order dated 23.6.2022 which is appealable under Section 70 of the Food Safety and Standards Act, 2006. However, as there was some confusion with regard to the constitution of the Appellate Tribunal, we had required the learned Standing Counsel to ascertain whether a notification has been issued constituting the Tribunal or not?
The learned Standing Counsel has filed an affidavit of the second respondent today. In paragraph-4 of the affidavit it is stated that the Appellate Tribunal has been constituted by notification dated 25.3.2014.
In view of above, the petitioner has alternative statutory remedy under Section 70 of the 2006 Act.
The petition is, therefore, disposed off by giving liberty to the petitioner to avail alternative statutory remedy.
Order Date :- 1.11.2022 N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.11.03 10:55:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner can approach this court when an alternative statutory remedy under Section 70 of the 2006 Act exists.
1 provisions across 1 enactments
Sunil Mishra
State of U.P.
Manoj Misra
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
