Allowed

Sree K.v.R.Marketing Private Ltd., v. State of A.P

Telangana HC21 Apr 2009WP/7598/2002

Case brief

AI extract

What is this about?

The High Court, in a common order, allowed multiple writ petitions challenging notifications banning the sale of Pan Masala with the 'Gutkha' emblem. The court relied on a Supreme Court ruling declaring such notifications unconstitutional under the Prevention of Food Adulteration Act.

What did the court decide?

The writ petitions were allowed with directions to quash the impugned notifications and no order as to costs.

Sree K.v.R.Marketing Private Ltd… — Constitutional and Fundamental Rights | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 7598 of 2002

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Between:

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Sree K.V.R.Marketing Private Ltd., Rep.by its Director K.T.Mahi,S/o.K.Mahipathi Rao R/o.Domalaguda Hyderabad.

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..... PETITIONER

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AND

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1 State of A.P Rep.by its Special Chief Secretary to Govt of A.P Hyderabad.

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2 State of A.P Rep.by the Secretary to the Govt,Health,Medical & Family Wel

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A.P Hyderabad.

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3 The Director (FAC) Institute of Preventive Medicine Public Health Labs, & Food (H) Administration

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Hyderabad.

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4 Govt.of India Through Director of Health Services Directorate of Health Services New Delhi.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a writ, more particularly one in the nature of Writ of Mandamus declairng the impugned notifications dated: 19-02-2002 and 27-02-2002 issued by the Respondent No.1, in pursuance to the G.O.Ms.No.44, dated 19-02-2002 and G.O.Ms.No.55, dt.27-02-2002 prohibiting the sale of Pan Masala in any brand name with an emblem "Gutkha" which contains tobacco,Chewing tobacco,Zarda and Khaini in the entire state of A.P,state to be issued in the interest of public with immediate effect as arbitrary illegal and violative of article 14,19 (1) (g) and 21 of the constitution of India and consequently declare that the notifications are contrary to the provisions of the prevention of Food Adulteration Act 1954 and pass

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Counsel for the Petitioner:MR.HARENDER PRASAD

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Counsel for the Respondent No.: THE ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 7296 of 2002

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Between:

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Red Rose Products Rep.by its Proprietor Syed Hameeduddin,S/o.Syed Ghalib R/o.EDI Bazar Hyderabad.

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..... PETITIONER

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AND

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1 Govt.of A.P Rep.by its Special Chief Secretary to Govt Health,Medical & Family Welfare (L1) Dept Secretariat Hyderabad. 2 Inspector General & Director (FAC) Directorate of Institute of Preventive Medicine,Public Healt Labs abd Food (Health) Administrator A.P Hyderabad.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a writ,direction or order declaring G.O.Ms.No.44, Health,Medical and Family Welfare (L1) Dept,dated 19-2-2002 and the consequential Notification published in A.P.Gazette Part-II,Extraordinary No.28, dated 19-02-2002 and the subsequent G.O.Ms.No.55, Health,Medical & Family Welfare (L1) Dept, dated 27-02-2002 as illegal and pass

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Counsel for the Petitioner:MR.HARENDER PRASAD

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Counsel for the Respondent No.: ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 7612 of 2002

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Between:

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Sree Sai Enterprises Rep.by its Manager Neeraj Kumar Mathur,S/o.S.S.Mathur R/o.Domalaguda Hyderabad

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..... PETITIONER

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AND

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1 State of A.P Rep.by Special Chief Secretary to the Govt. of A.P

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A.P Hyderabad.

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2 State of A.P Rep.by The Secretary to the Govt,Health,Medical,Family Welfare A.P Hyderabad.

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3 The Director (FAC) Institute of Preventive Medicine Public Health Labs & Food (H) Administration Hyderabad.

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4 Govt.of India through Director of Health Services Directorate of Health Services New Delhi.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a writ,more particularly one in the nature of Writ of Mandamus declairng the impugned notifications dated: 19-02-2002 and 27-02-2002 issued by the Respondent No.1, in pursuance to the G.O.Ms.No.44, dated 19-02-2002 and G.O.Ms.No.55, dt.27-02-2002 prohibiting the sale of Pan Masala in any brand name with an emblem "Gutkha" which contains tobacco,Chewing tobacco,Zarda and Khaini in the entire state of A.P,state to be issued in the interest of public with immediate effect as arbitrary illegal and violative of article 14,19 (1) (g) and 21 of the constitution of India and consequently declare that the

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notifications are contrary to the provisions of the prevention of Food Adulteration Act 1954 and pass

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Counsel for the Petitioner:MR.HARENDER PRASAD

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Counsel for the Respondent No.: THE ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE V.ESWARAIAH

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and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 10978 of 2002

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Between:

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1 M/s.Purandas Motilal A Partnership Firm

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Rep.by its Partner Shri Shantilal,S/o.Late Motilal,age:42yrs R/o.Premises No.22-6-65

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Gulzar Houz Hyderabad.

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2 M/s.Hyderabad Zarda Works A Partnership Firm Rep.by its Partner Shri Shailender Pershad,S/o.Late Surender Pershad aged-36 yrs,R/o.Premises No.22-6-65 Pathergatty Hyderabad.

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..... PETITIONER(S)

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AND

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1 The State of A.P Rep.by Special Secretary to the Govt.of A.P A.P Hyderabad.

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2 The Secretary to the Govt Health,Medical & Family Welfare,Govt of A.P

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Hyderabad.

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3 The Director (FAC) Institute of Preventive Medicine Public Health Labs & Foods (H) Administration Hyderabad.

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4 Union of India through Director of Health Services Directorate of Health Services New Delhi.

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.....RESPONDENT(S)

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Mandamus declairng the Section 7(iv) of Act 37 of 1954 is ultra-virus the Constitution being an impermissible legislation causing effacement of the legislative power and consequently to declare the impugned notifications issued by the Respondent No.1, in pursuance to the G.O.Ms.No.55, dt.2702-2002 prohibiting the sale of Pan Masala in any brand name with an emblem "Gutkha" which contains tobacco,Chewing tobacco,Zarda and Khaini in the entire state of A.P,state to be issued in the interest of public with immediate effect as arbitrary illegal and violative of article 14,19 (1) (g) and 21 of the constitution of India and also to further declare that the amended Rule 6(3) and 6(5) of the Rules framed by constitution being contrary to the provisions and spirit of The Prevention of Food Adulteration Act, 1954 and are also violative of the fundamental rights guranteed to the citizens of india under The Constitution of India; and pass

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Counsel for the Petitioner:MR.PRAVEEN VYAPARI

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Counsel for the Respondent No.: ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH

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AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 14153 of 2002

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Between:

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M/s.Shivshakti Agencies Rep.by its Proprietor Surender Agarwal,S/o.Babulal Agarwal

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through his SPA Holder,Shri.Rajendar Agarwal S/o.Kadermal Shivshakti Agencies,Aljubail colony Chandrayangutta,Hyderabad

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..... PETITIONER

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AND

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1 State of A.P Rep.by its Secretary,Medical,Helath Dept Secretarit Hyderabad.

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2 State of A.P Rep.by its Chief Secretary,General Adminstration Dept Secretarit Hyderabad.

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3 The Inspector General & Director (FAC) Directorate of Institute of Preventive Medicine Public Health Labs and Food (Health) Adminstration A.P Hyderabad.

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4 The Union of India Through Secretary Food & Health New Delhi.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in

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the circumstances stated in the Affidavit filed herein the High Court will be pleased to (a) To issue a writ,more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the impugned G.O.Ms.No.44 issued by the Health,Medical & Family Welfare 19-02-2002 and G.O.Ms.No.55, dt.27-02-2002 prohibiting the sale of Pan Masala in any brand name with an emblem "Gutkha" which contains tobacco in the entire state of A.P and upon perusal of the same be pleased to quash and set aside the impugned G.O.Ms.No.44 issued by the Health,Medical and Family Welfare (L1) Dept,dt.19-02-2002 and G.O.Ms.No.55 issued by the Health,Medical & Family Welfare (L1) Dept, dt.27-02-2002 as the same being arbitrary,illegal, and violative of petitioner's Fundamental Rights guranteed to them under Article 14,19 and 21 of the Constitution of India by declaring the provisions 7(4) of prevention of Food Adulteration Act as ultravires of the Constitution of India (b) in the interest of justice and pass

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Counsel for the Petitioner:MR.MILIND G GOKHALE

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Counsel for the Respondent No.: ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE V.ESWARAIAH

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and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 2694 of 2003

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Between:

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Dhariwal Industries Limited, a Public Limited Company Incorporated under the Companies Act, 1956 and having its registered Office at Pune, Mahatastra

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State and Factory at Plot NO. 126, Ida Mallapoor, nacharam, Hyderabad-500076

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..... PETITIONER

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AND

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1 The Assistant Food Controller, Zone-IV institute of Preventive Medicine, Public Health Labs & Food (Health) Administration, Hyderabad-29, 2 The Director, Institute of Preventive Me Medicine, Public Helath Labs & Food (Health) Administration, Hyderabad-29,

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3 the Secretary, Department of Health, Medical & Family Welfare

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Governemnt of

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Andhra Pradesh, Secretariat, Hyderbad

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4 the Secretary, Department of Health, Ministry of Health, Governemnt of India, New Delhi

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order, direction or Wri, order more appropriately a Writ of Mandmaus holding that the notification G.O.Ms. No. 494 dated 2712-2002 as illegal arbitary and violative of ARticle 14 19(1)(g), 21, 301 of constitution of India

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Counsel for the Petitioner :MR.Y.VENKATESH REDDY

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Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and

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THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 6369 of 2003

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Between:

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V.M/s.Red Rose Products, 18-13/8/A/5,Bandlaguda,Hyderabad Rep.by its Proprietor Syed Hameeduddin,S/o.Syed Ghalib R/o.Hyderabad.

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..... PETITIONER

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AND

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1 Govt.of A.P Rep.by Principal Secretary to Govt,Health,Medical and Family Welfare (L1) Dept Secretarit Hyderabad. 2 The Director,Food (Health) Authority Directorate of Institure of Preventive Medicine Public Health Labs & Food (Health) Administration Hyderabad. 3 Asst.Medical Officer,Health & Local Health Authority Circle No.1 M.C.H.Sardar Mahal Hyderabad.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a order,direction or writ more particularly a Writ of Mandamus directing the respondents not to stop the manufacture of Pan Masal/Ghutka/Cewing Tobacco/Khaini/Zarda etc., by the petitioner by holding the Circular Memorandum in Rc.No.4709/F1/2003-1 dated 12-032003 issued by the respondent No.2 and notice No.6/AMOH/LHA/Cir. I,MCH dated 08-04-2003 issued by the respondent No.3 as illegal,arbitrary,void; unconstitutional and opposed to principles of natural justice and pass

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Counsel for the Petitioner:MR.S.MALLA RAO

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Counsel for the Respondent No.: ADVOCATE GENERAL

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The Court made the following :

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE

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PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH

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and THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 6712 of 2003

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Between:

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M/s.Purandas Ranchodas and sons Rep.by its partner,Narender Sugandhi,S/o.Late Madanlal R/o.Gulzar House East Hyderabad.

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..... PETITIONER

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AND

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1 Govt.of A.P Rep.by its Special Secretary to Govt,Health,Medical & Family Welfare (L1) Dept Secretariat Hyderabad.

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2 Inspector General & Director (FAC) Directorate of Institute of Preventive Medicine,Public Healt Labs and Food (Health) Administration,A.P Hyderabad. 3 Asst Medical Officer of Health and Local Health Authority

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Circle No.1,M.C.H. Sardar Mahal Hyderabad. 4 The Food Inspector Division-II R.R.Dist Narayaguda Hyderabad.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue a Writ of Mandamus or any other appropriate writ or direction declaring G.O.Ms.No.44 of Health,Medical and Family welfare (L1) Dept,dated 19-2-2002 and G.O.Ms.No.55, Health,Medical & Family Welfare (L1) Dept, dated 27-02-2002 and also G.O.Ms.No.494 Health,Medical & Family Welfare (L1) Dept, dated 27-02-2002 and the consequential circular memorandum R.C.No.4709/F1/2003-1 dated 12-32003 issued by the Director of Food (Health) Authority,Hyderabad as arbitrary,illegal,against principles of natural justice and unconstitutional.

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Counsel for the Petitioner:MR.K.SURESH REDDY

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Counsel for the Respondent No.: ADVOCATE GENERAL

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The Court made the following :

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THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION NOs.7598, 7296, 7612, 10978, 14153 OF 2002, AND 2694, 6369, 6712 OF 2003

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C O M M O N O R D E R (Per Sri Justice V.Eswaraiah)

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Learned counsel appearing for the petitioners and the respondents submit that the impugned notifications were held to be unconstitutional and ultra vires the Prevention of Food Adulteration Act, 1954 by the Hon’ble Supreme Court in GODAWAT MASALA PRODUCTS I.P.

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LIMITED AND ANOTHER V/s. UNION OF INDIA AND OTHERS^[1] .

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Following the said judgment, the writ petitions are allowed. There shall be no order as to costs.

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-------------------------V.ESWARAIAH, J.

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---------------------------SANJAY KUMAR, J.

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21^st APRIL, 2009 PGS

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THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND