Andhra Pradesh High Court - Amravati
M/S. Prabhat Gudakhu Factory vs Union Of India on 15 October, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
rN Sy [2605] - IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI- | THURSDAY, THE FIFTEENTH DAY OF OCTOBER," TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO - WRIT PETITION NO: 15881 OF 2020_ Between: M/s. Prabhat Gudakhu Factory, Situated at Sauraguda P.O.Jeypore, Koraput Odissa rep by its Sole Proprietor Arvind Kumar Agrawal S/o. Late Dayaram Agrawal, Age 56, r/o, Sauraguda P.O, Jeypore, Koraput, Odissa Petitioner-- AND 1. Union of India, rep by Principal Secretary, The Ministry of Health and Welfare, New Delhi. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Health, Medical and Family Welfare Department, and Commissioner of Food Safety, A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Respondent/s -- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Notification vide notification No.68 dt.10-1-2020 issued by the 2™ respondent without any authority or power and without jurisdiction imposing ban on the tobacco products as illegal, arbitrary, unjust, malafide, against to the fundamental rights guaranteed under Article$14 and 19(1)(g) of the constitution of India and against to the settled principles of law and consequently set-aside the same- --- IA NO: 4 OF 20207 L 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 of operation of the Notification vide notification no.68 dt.10-1-2020 issued by the 2"¢ respondent imposing ban on the tobacco products, pending disposal of WP 15881 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 RAVI CHEEMALAPATL. Advocate for the Petitioner, and of GP FOR MEDICAL AND HEALTH for respondents, the Court made the following.- ORDER:
"Learned Assistant Government Pleader for Medical and Health seeks time for filing counter. Let the needful be done.
Post the matter on 10.11.2020. aan 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 |.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". -
Sd/- M. RAMESH BABY ASSISTANT REGISTRAR 72% IITRUE COPY// Ley For ASSISTANT REGISTRAR To, & & . The Principal Secretary, Union of India, Ministry of Health and Welfare, New Delhi.
The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, and Commissioner of Food Safety, A.P Secretariat Building§, Velagapudi, Amaravathi, Guntur District. (oy RPAD) One CC to SRI RAVI CHEEMALAPATI Advocate [OPUC] _---
Two CCs to GP FOR MEDICAL AND HEALTH, High Court of Andhra Pradesh"
[OUT] y . One spare copy HIGH COURT UDPRJ DATED:15/10/2020 POST THE MATTER ON 10.11.2020 ORDER WP.No.15881 of 2020 STAYED BOT aay