Telangana High Court
M/S. Hardcastle Restaurants Private ... vs The State Of Telangana on 13 March, 2024
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.29023 of 2018
ORDER:
Heard both sides and perused entire material on record.
2. Learned Counsels for the petitioner submits that the petitioner herein is the company incorporated under the provisions of the Companies Act, 1956 with a main object to do business by setting up and operation of quick service restaurants (QSRs), in which respondent No.3/District Legal Metrology Officer, Legal Metrology Department has conducted panchanama dated 08.08.2018 and seized computerized point of sale billing machine and also stated that the petitioner has violated Sections 8, 11 and 49 of Legal Metrology Act, 2009.
3. Learned Counsel for the petitioner further submits that this Court has granted interim order on 16.08.2018 and stated that in view of the order passed by the Hon'ble Apex ::2::
Court in Federation of Hotels and Restaurant Association of India Vs. Union of India and Ors. 1, the provisions of the Act cannot be applied to composite indivisible agreements for supply and services of food and drinks and the provisions of the Act deal with goods whose quantities are to be mentioned in packages along with M.R.P.
4. Learned Counsels for the petitioners submits that the case of the petitioner is squarely covered by the decision rendered in Multiplex Association of India Vs. the Controller of Legal Metrology 2 passed by this Court and the relevant portion of the said order is as follows:
"62.A.(a) that the impugned orders issued by the 1st respondent insofar as the requirement of affixture by sticker on the container / packing (a) net quantity by weight, volume or measure, (b) M.R.P., (c) consumer helpline toll free number and consumer helpline whatsapp number and (d) asking them to print a declaration on the container / packing these details, do not apply as regards non-packaged food items sold by members of the petitioner's Association; and cannot be enforced by Officials attached to the Office of the 1st respondent insofar as non- packaged food items sold by members of the petitioner's Association; 1 (2018) 2 SCC 97 2 Unreported Order passed by this Court in W.P.No.27029 of 2018 dated 06.08.2018.
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(b) that the 1st respondent is not entitled to insist that Multiplexes should avoid keeping only one brand of water, etc., and have to give options to the consumer."
5. Learned Counsel for the petitioner further submits that in the light of the Judgments passed by the Hon'ble Apex Court in Federation of Hotels and Restaurant Association of India Vs. Union of India and Ors.(Supra 1) as well as this Court in Multiplex Association of India Vs. the Controller of Legal Metrology (Supra 2) requested this Court to allow the present writ petition.
6. The learned Government Pleader for Civil Supplies and learned Standing Counsel for the respondents have not disputed the submission made by the learned counsel appearing for the petitioner.
7. In view of the submissions made by both sides, this writ petition is allowed in similar lines as the Hon'ble Apex Court in Federation of Hotels and Restaurant Association of India Vs. Union of India and Ors.(Supra 1) as well as this Court in Multiplex ::4::
Association of India Vs. the Controller of Legal Metrology (Supra 2) and directing the respondents not to conduct any further inspection or seizure in relation to the unpackaged food or beverage items being sold by the petitioner or any of the equipment or machines or devices or other goods or belongings of the petitioner within the premises situated at its McDonald's Restaurant in No.456/1P & 455, HPCL outlet, AS Rao Nagar. There shall be no order as to costs.
8. The Registry is directed to enclose the copy of the Judgment passed in W.P.No.27029 of 2018 dated 06.08.2018 along with this order.
9. Miscellaneous petitions, if any, pending shall stand closed.
_______________________ JUSTICE K.SARATH Date: 13.03.2024 Spk