Andhra Pradesh High Court - Amravati
Sairam Prasad Agencies vs The State Of Andhra Pradesh on 15 October, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
[ 2605 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL- THURSDAY, THE FIFTEENTH DAY OF OCTOBER; (3 TWO THOUSAND AND TWENTY jp? (af (e : PRESENT: eh THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO e oe WRIT PETITION NO: 16118 OF 2020 mF Between: Sairam Prasad Agencies, Rep. by its Proprietor Bolisetty Purnachandra Rao, S/o. Sitaramanjaneyulu, Aged about 57 years, H.No.22-1-104, Main Road, Lalapet, Guntur, Guntur District. Petitioner-- AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Velagapudi, Amaravati. 2. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada. 3. The State of A.P, Rep. by its Pri. Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 4. The Director General of Police, Government of A.P., Mangalagiri, Guntur District. 5. The Commissioner of Police, Guntur, Guntur District. 6. The Station House Officer, Lalapet Police Station, Guntur. 7. The Union of India, Ministry of Health and Family Welfare, Room No.348, A Wing, Nirman Bhavan, New Delhi. 8. The Union of india, Ministry of Commerce and Industries Department and commerce, Government of India, New Delhi. 9. The Food Safety and Standards Authority of India, Rep, by its Chief Executive Officer (CEO), 3rd Floor, FDA Bhavan, Kotla Road, New Delhi. 10. The Commissioner of Commercial Taxes, DNo.5-59, Bandar Road, Spring Valley Apartments, Edupugallu, Vijayawada, Andhra Pradesh 521151. 11.The Commissioner of Central Excise, Government of India, Visakhaptnam, A.P. Respondents Petition under Article 2%6 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Notification i.e. Notification No.318/FSSA/AP/2014-20, dated 8- 1-2020 published on 10-01-2020 issued by the respondents 1 and 2 as illegal, arbitrary, unconstitutional ultravires the Cigarettes and Other tobacco Products ( Prohibition of Advertisement and Regulation of Trade and Commerce, Productions, Supply and Distribution) Act, 2003 in violation of Principles of natural justice in violation of Articleg14, 19 and 21 of Constitution of India and Consequently to set-aside the same and direct the respondents not to interfere in any manner with the trade and business carried out in the products that fall within the said notification by the petitioner its personal and the persons/entities to whom it supplies those products. ~~ _ IANO: 2 OF 20207 ao Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in impugned Notification i.e. Notification No.318/FSSA/AP/2014-20, dated 8-1-2020 published on 10-01-2020 issued by the respondents 1 and 2, pending disposal of WP 16118 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI RAJA REDDY KONETI Advocate for the Petitioner, and of GP FOR MEDICAL AND HEALTH for Respondent No.1 & 2, and GP FOR HOME for Respondent No.3 to 6 and of GP FOR CENTRAL GOVERNMENT for Respondent No.7 to 9 and GP FOR COMMERCIAL TAXES for Respondent No.10, the Court made the following. ORDER:
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"Learned Assistant Government Pleader for Medical and Health seeks time for filing counter. Let the needful be done. ~ mere eH RIDA ANE pa Post the matter on 10.11.2020.
In the meanwhile, having regard to the fact that the petitioners relied upon the decision of the Hon'ble Apex Court in Godawat Paan Masala I.P. Limited v. Union of India [(2004 7 SCC 68] and also the order of Hon'ble High Court of Telangana in W.P.No.4205 of 2020, dated 28.02.2020, to canvas the point that the tobacco products are purely covered by a Central Special Legislation i.e., Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and therefore, the State authorities have no jurisdiction to issue the impugned notification No.318/FSSA/AP/2014-19, dated 08.01.2020, all further proceedings in pursuance of the aforesaid notification are stayed"
mn Sd/- M. RAMESH BABU TRUE COPY// To,
1. The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.
2. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada.
3. The State of A.P, Rep. by its Prl. Secretary, Home Department, Secretariat, Velagapudi, Amaravati.
4. The Director General of Police, Government of A.P., Mangalagiri, Guntur District.
5. The Commissioner of Police, Guntur, Guntur District.
6. The Station House Officer, Lalapet Police Station, Guntur.
7. The Union of India, Ministry of Health and Family Welfare, Room No.348, A Wing, Nirman Bhavan, New Delhi.
8. The Union of India, Ministry of Commerce and Industries Department and commerce, Government of India, New Delhi.
9. The Food Safety and Standards Authority of India, Rep, by its Chief Executive Officer (CEO), 3rd Floor, FDA Bhavan, Kotla Road, New Delhi.
10. The Commissioner of Commercial Taxes, DNo.5-59, Bandar Road, Spring Valley Apartments, Edupugallu, Vijayawada, Andhra Pradesh 521151.
11.The;Commissioner of Central Excise, Government of India, Visakhaptnam, A.P. ddresses 1 to 11 by RPAD) .One CC to SRI RAJA REDDY KONETI Advocate [OPUC]
13. Two CCs to GP FOR MEDICAL AND HEALTH, High Court of Andhra Pradesh. [OUT]
14. Two CCs to GP FOR HOME, High Court of Andhra Pradesh --
15. Two CCs to GP FOR CENTRAL GOVERNMENT, High Court of Andhra Pradesh
16. Two CCs to GP FOR COMMERCIAL TAXES, High Court of Andhra Pradesh
17.One spare copy oO HIGH COURT UDPRJ DATED:15/10/2020 POST ON 10.11.2020 ORDER WP.No.16118 of 2020 STAYED