9911796707
TMI Blog2022 (11) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... 021, for short impugned judgment, whereby the writ petition filed by the appellant, assailing the License dated 15th May, 2019 issued by the Designated Officer/ State Licensing Authority under the Food Safety and Standard Act, 2006, hereinafter for short as Act, in respect of Samci Restaurant, Residency Road, Srinagar; communication bearing No. FDA/FSSA/SGR/313-316 dated 2nd December, 2020, issued by respondent no. 4 intimating the appellant that the license dated 15th May, 2019, is issued to the premises Samci Restaurant and not to respondent no. 5 and that it would be appropriate and in the interest of both the parties that the name of the appellant is also inserted in the application form as incharge operation and person responsible for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubsequent thereto, vide communication bearing No. FDA/FSSA/SGR/313-316 dated 02/12/2020 issued by the Assistant Commissioner, Food, Safety, Department of Drug and Food Control Organisation, J&K, District Srinagar, Bemina, the application, filed by the appellant seeking cancellation of the license supra, has been disposed of. The concluding paragraph of the order is taken note of herein, thus: "That the licence has been issued to premises of Samci Restaurant and not to non-applicant as is evident from copy of licence. Therefore, it is appropriate and in the interest of both the parties that name of applicant Mr. Parvaiz Majid Baba S/o Ab Majid Baba R/o Ganzkhud Srinagar is also inserted in the application form as person incharge of operati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, as well as under Goods and Services Tax, forthwith. III) By issuance of a Writ of Mandamus or any other Writ, Order or Direction, the respondent no. 5 be also restrained from causing any sort of interference in the running of Samci Restaurant, Residency Road, Srinagar, by the petitioner exclusively, being its sole Proprietor." 6. The writ petition was resisted by the respondents on varied grounds. The respondents denied to have transferred any document in the name of respondent no. 5, but stated that a fresh licence has been issued to the Samci Restaurant after having verified, on the basis of the documents including the proof of possession, the title of the property being in the name of the applicant/ respondent no. 5. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exhaustive deliberation over the issues involved and after hearing the learned counsels for the parties, the learned Single Judge disposed of the writ petition vide impugned judgment, in the following manner: "27) In view of the aforesaid analysis and in the given facts and circumstances of the case, this writ petition is disposed of by holding that so long as the premises to be licensed under the Act remains under dispute between the petitioner and respondent no. 5, the designated authority under the Act is well within its power not to grant or renew the license under the Act in favour of one and to the exclusion of other. The parties need to settle their dispute either amicably or through intervention of the Court. The petitioner as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly. He further submitted that since the cancellation of registration was based on the request of appellant himself, therefore, there was no question of revoking the same again on his request. He submitted that there is no possibility of fraud having been played by any third person in seeking cancellation of the registration as the whole process is done online which can be initiated only on the request of the proprietor because during such process the proprietor is required to disclose certain confidential information that confirms the bona-fides of the applicant. 13. The dual faceted situation involving a dispute over unpartitioned property and of the business concern is writ large on the face of record, however, the court would refrain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g revocation of the cancellation order of his registration, therefore, the registration aspect of the business concern would also be decided once the application of the appellant is decided by the competent authority. 16. Accordingly, while setting aside the paragraph nos. 27 and 28 of the impugned judgment, we dispose of the appeal by providing that the appellant as also the respondent no. 5 shall be at liberty to approach the concerned authority for issuance/renewal of license. The concerned authority, upon being approached, shall consider the individual claims in light of the relevant provisions of the law and decide the same within a period of one month from the date of receipt of such request, without getting influenced by any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
