M/S V.R.S. Foods Ltd. Thru. Authorized Signatory Vikas Pandey Vs State of U.P. Thru. Prin. Secy. Deptt. of Food Safety and Drug Administration Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

M/S V.R.S. Foods Ltd. Thru. Authorized Signatory Vikas Pandey Vs State of U.P. Thru. Prin. Secy. Deptt. of Food Safety and Drug Administration Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 16.12.2024 imposing a penalty of Rs.75,000/- quashed solely on the ground of violation of principles of natural justice; matter remanded to the authority concerned to pass a fresh order after giving opportunity of hearing and in accordance with law.

Issue for consideration

Whether the order dated 16.12.2024 imposing a penalty on the petitioner, passed without any opportunity of hearing on the allegation of penalty and its quantum, falls short of the principles of natural justice.

Court's answer

Since there was no hearing with regard to the allegations of imposing the penalty or the quantum thereof, the impugned penalty order falls short of the principles of natural justice.

Ratio / Principle

Solely on that ground (breach of principles of natural justice), the impugned order is quashed and the writ petition is allowed.

Key takeaways

The matter is remanded to the authority concerned to pass a fresh order after giving an opportunity of hearing and in accordance with law.ratio¶¶13

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 2582 of 2025, Lucknow Bench) by M/S V.R.S. Foods Ltd. challenging an order dated 16.12.2024 whereby a penalty of Rs.75,000/- was imposed following an inspection in which its products were held misbranded and contrary to the provisions of law. Petitioner's contention: no opportunity of hearing was granted before the impugned order. State's stand: the inspection report had been served and not challenged, constituting sufficient compliance with natural justice. Held (Pankaj Bhatia, J.): as there was no hearing with regard to the allegations of imposing the penalty or its quantum, the impugned order falls short of the principles of natural justice; solely on that ground the order is quashed and the writ petition is allowed; matter remanded to the authority concerned to pass a fresh order after giving opportunity of hearing and in accordance with law. Order date: 7.4.2025.

Neutral Citation No. - 2025:AHC-LKO:19268

Court No. - 6

Case :- WRIT - C No. - 2582 of 2025

Petitioner :- M/S V.R.S. Foods Ltd. Thru. Authorized Signatory Vikas Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Food Safety And Drug Administration Lko. And 2 Others

Counsel for Petitioner :- Sachin Upadhyay,Amandeep Singh,Piyush Raj Verma,Shivendra S Singh Rathore Counsel for Respondent :- C.S.C.

Hon'ble Pankaj Bhatia,J.

1 . Heard learned Counsel for the petitioner as well as learned Standing Counsel.

2 . The present petition has been filed challenging the order dated 16.12.2024 whereby, penalty of Rs.75,000/- was imposed against the petitioner.

3 . The contention of the Counsel for the petitioner is that on the basis of some inspection carried out, a report was prepared and thereafter an order came to be passed holding that the products manufactured by the petitioner was misbranded and contrary to the provisions of law.

4 . The neat contention of the Counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the said order impugned.

5 . Learned Standing Counsel based upon the instructions states that against the preparation of the inspection report, the same was served upon the petitioner, however, the same was not challenged, as such, there is sufficient compliance of the principles of natural justice. The instructions are taken on record.

6 . Finding that the order impugned has been passed imposing penalty and there appears to be no hearing with regard to the allegations of imposing of penalty or quantum thereof, the order impugned fall short of principles of natural justice. In view thereof and solely on that ground, the order impugned is quashed. The writ petition is allowed .

7 . The matter is remanded back to the authority concerned to pass fresh order after giving opportunity of hearing and in accordance with law.

Order Date :- 7.4.2025

akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench