Petitioner challenged an order imposing a fine for sub-standard milk due to lack of prior notice and hearing. Court allowed writ praying to quash, finding violation of natural justice.
Writ petition allowed; order dated 06.12.2016 quashed; matter remitted for notice, hearing, and fresh proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 23974 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23974 OF 2021 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI. NARASIMHARAJU, ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
WP No. 23974 of 2021
FOOD SAFETY AND STANDARD ACT, CHIKKABALLAPURA DISTRICT - 562 101
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 TO 3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER R-3 DTD 06.12.2016 BEARING
NO.JIANKA/ASUGUKA/V/02/2016-17 VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
WP No. 23974 of 2021
appearing for the petitioner, Smt. Rashmi Patel, learned HCGP appearing for respondent Nos.1 to 3 and have perused the material on record.
submits that this order comes to the knowledge of the petitioner only in the year 2021, as no notice was even served upon the petitioner prior to the passage of the order dated 06.12.2016.
WP No. 23974 of 2021
by the Additional Commissioner while deciding the issue against
the petitioner.
WP No. 23974 of 2021
consider the matter afresh after notifying the petitioner and
hearing his defence on the allegation.
ORDER
II. The order dated 06.12.2016 stands quashed.
III. The matter is remitted back to the hands of respondent No.2, who shall issue notice to the petitioner, hear him and then pass appropriate orders in accordance with law.
Sd/JUDGE
SJK List No.: 1 Sl No.: 59
3 issues framed by the court
Whether the order imposing a fine without prior notice to the petitioner is violative of natural justice.
Whether the writ petition praying to quash the order is maintainable.
Whether the authority is required to issue notice and hear the petitioner afresh.
1 provisions across 1 enactments
DODLA DIARY LTD
THE STATE OF KARNATAKA
THE DESIGNATED OFFICER (ADDITIONAL CHARGE) SENIOR FOOD SAFETY OFFICER
THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT
M. NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
