Delilah S. Lobo v. State of Goa, Thr. the Chief Secretary and 2 Ors.
Case brief
What is this about?
Writ petition challenging suspension of food business registration due to procedural violations. Court noted violations of natural justice and jurisdictional errors in suspension order.
What did the court decide?
Stay order implemented pending appeal decision by Commissioner of Food Safety within specified timeframe.
What the court decided
901-WP-267-2022.DOC
Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 267 OF 2022
Delilah S. Lobo … Petitioner
Versus
State of Goa, Thr. The Chief Secretary & 2 …Respondents Ors.
Mr. Pankaj P. Vernekar, Advocate with Ms. Cidalia Lobo, Advocate for the Petitioner.
Mr. D. Pangam, Advocate General, with Ms. Maria Correia, Additional Government Advocate for the Respondents-State.
CORAM: SANDEEP K. SHINDE, J DATED: 5th July 2022
ORAL ORDER
1. Heard Mr. Vernekar, learned Counsel for the Petitioner and Mr.
Issues for consideration
3 issues framed by the court
Whether the suspension of the petitioner's registration certificate violated procedural safeguards regarding notice and hearing under the Food Safety and Standards Act, 2006?
Whether the Food Safety Officer had the jurisdiction to suspend registration without affording a fourteen-day notice or invoking powers for imminent danger to public health?
Whether the writ petition should be disposed of or remanded to the authority for proper decision after appeal?
Parties & counsel
- petitioner
Delilah S. Lobo
- respondent
State of Goa
- respondent
Chief Secretary & Others
Coram
Case details
As recorded by the court registry
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