Disposed

M/s. Marvel Minerals, v. The General Manager

Telangana HC15 Jun 2006WP/11708/2006

Case brief

AI extract

What is this about?

In a writ petition seeking to stop non-compliant mineral water sales, the High Court granted the petitioner four months to obtain the required BIS (ISI) certificate. The petitioner is directed not to interfere with the business during this period.

What did the court decide?

Petitioner granted four months to obtain the BIS Certificate; respondent directed not to interfere with business during this period.

M/s. Marvel Minerals, Vs The General Manager — Consumer Protection | Telangana HC (2006)

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THE HON’LE SRI JUSTICE P.S.NARAYANA

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WRIT PETITION NO.11708 of 2006

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DATED: 15.06.2006

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Between:

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M/s. Marvel Mineral, represented by its Managing Partner V.Sunil Kumar, Sainagar, Satyanarayanapuram, Tirupati, Chittoor District. .. PETITIONER

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Versus

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The General Manager, District

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Industries Centre, Chittoor. .. RESPONDENT

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WRIT PETITION NO.11708 of 2006

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ORDER:

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Heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner and the learned Government Pleader for Industries appearing for the respondent.

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2. The Writ Petition is filed praying for a Writ of Mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent in issuing notice in his proceedings No.RC.No.410/A3/2006, dated 15.5.2006 to the petitioner to stop the packaging and selling of mineral water in the industry which is located at premises i.e., 7-141-A/60, Sainagar, S.N.Puram, Tirupati, Chittoor District, as wholly arbitrary, illegal and consequently direct the respondent not to interfere in the petitioner’s business of packaging and selling mineral water from the premises No. 7-141-A/60, Sainagar, S.N.Puram, Tirupati, Chittoor District, and pass such other suitable orders.

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3. It is stated that the petitioner had obtained permanent registration of small

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industries and the petitioner-company also got registered with Commercial Tax and Sales Tax Department. It is further stated that the respondent had issued a notice to the petitioner-company directing the petitioner to stop the unit from packaging and selling mineral water on 24.5.2006.

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4. It is not in serious controversy that the petitioner had not obtained BIS Certificate (ISI) as required under clause 28 of Rule 49 of Prevention of Food Adulteration Rules, 1955. The other factual details narrated need not be gone into at length.

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5. The learned Government Pleader had placed before this Court the Judgment of a Division Bench of this Court dated 30.9.2004 made in Writ Petition Nos.5086 of 2001 and batch. In the facts and circumstances and taking into consideration the situation in which the petitioner is placed, this Court is of the considered opinion that it would be just and proper to give reasonable time to the petitioner to obtain BIS Certificate (ISI) as required under clause 28 of Rule 49 of Prevention of Food Adulteration Rules, 1955. Hence, the petitioner is hereby granted four (04) months time to obtain Certificate aforesaid from the date of receipt of a copy of this order, and till then the respondent is directed not to interfere with the petitioner’s business in packaging and selling mineral water from the premises 8-118/12, S.N.Puram, Tirupati, Chittoor District.

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6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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15.06.2006

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SSR

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Issue order copy in three days. (BO)

M/s. Marvel Minerals, v. The General Manager

Case brief

What is this about?

What did the court decide?

M/s. Marvel Minerals, v. The General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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