Karnataka High Court
Jay Om Water Charitable Trust vs Union Of India, on 7 November, 2017
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 07 T H OF NOVEMBER 2017
BEFORE
THE HON'BLE MRS . JUS TICE K.S .MUDAGAL
W.P.NOS.110560-110563/2017 (GM-RES)
BETWEEN:
1. JAY OM WA TER CHARITABLE TRUS T (R) ,
BY ITS PRESIDENT, G .M. TIPPESWAM I
S/O LA TE G.M. VIRUPAXAYYASWAMI,
AGE: 54 YEARS , OCC: PRESIDENT,
R/O: S.N. PETH , II AND III CROSS,
LINK ROAD, BEHIND NAGAMMA SCHOOL,
BALLARI-583 101.
2. SHRI SANGAMESHWAR CHARITABLE TRUST (R) ,
BY ITS SECRETARY, VENUGOPAL,
S/O ANJAYANALU CHOUDHARI,
AGE: 32 YEARS , OCC: SECRETARY ,
R/O: 1 S T CROSS, N.R.REDDY COMPOUND,
INFANTRY ROAD, BALLARI-583101.
3. M.DIWAKAR BABU CHARITABLE TRUS T (R),
BY ITS SECRETARY, K NAGARAJ,
S/O K GANGANNA, AGE: 29 YEARS ,
OCC: SECRETA RY, R/O : TAYAMMA NAGAR,
29 WARD , BANDIHATTI,
C.B.BALLARI-583102.
4. RAM CHARITABLE TRUST (R) ,
BY ITS TREASURER,
SHRINIVAS S/O RUDRAPPA,
AGE: 30 YEARS , OCC: TREASURER,
R/O: 109 UMARAMESHWAR S TREET,
UGD QUARTERS , BALLARI-583101.
... PETITIONERS
(BY SRI PRASHANT S.KADADEVAR, A DVOCATE.)
2
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
DEPT. OF HEALTH AND FAMILY WELF ARE,
NEW D ELHI.
2. STA TE OF KARNA TAKA,
REPRESENTED BY ITS SECRETARY,
DEPT. OF FOOD & CIVIL SUPPLIES,
M.S. BUILDING, VIDHANA VEEDHI,
BENGALURU-560 001.
3. COMMISSIONER,
FOOD SAFETY & S TANDARDS,
HEALTH & FAMILY WELFARE SERVICE,
BENGALURU.
4. DESIGNATED OFFICER,
FOOD SAFETY & S TANDARDS,
HEALTH & FAMILY WELFARE SERVICE,
BALLARI.
... RESPONDENTS
(BY SRI M.B.KANA VI, CGSC FOR R1)
(BY SRI RA VI V.HOSAMANI, AGA FOR R2 TO R4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITU TION OF INDIA, PRAYING TO
QUASH THE IMPUGNED NOTICE BEARING NO.DO/FSSA/
BLY/88/2017-18 DATED 04.10.2017 ISSUED BY THE
RESPONDENT NO .4 PRODUCED A T ANNEXURE-D , D1 TO D4
TO THE WRIT PETITION AND DIRECT THE RESPONDENT
NO.4 TO CONSIDER REPLY OF THE PETITIONERS AT
ANENXURES-E, E1 TO E3 TO THE WRIT PETITIONS .
3
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEA RING THIS DAY, THE COURT PASSED THE
FOLLOWING.
ORDER
Sri M.B.Kanavi, the learned Central Government standing counsel is directed take notice for respondent No.1. Sri Ravi V.Hosmani, the learned Addl. Government Advocate is directed to take notice for respondents No.2 to 4.
2. Heard.
3. The petitioners have established some drinking water serving units at various places mentioned in Annexure-D, D1 to D4, in Ballari city. Respondent No.4 has issued notices Annexure-D, D1 to D4 on 04.10.2017 to the petitioners contending that they are running those water units for the public consumption without quality certificates as required under Regulations 02.03.14(17) (18) of Food Safety & Standards (Prohibition and Restriction on Sales) 4 Regulations, 2011 and petitioners have to show cause as to why they should not be seized.
4. The petitioners have submitted the replies Annexure-E, E1 to E3 to the said show cause notices contending that they are serving only unpackaged drinking water on charity basis to cater to the needs of the poor mass. Therefore they do not require such certification.
5. Petitioners contend that the Assistant Director of Public Health Service, Bengaluru and Assistant Director (Enf), Food Safety & Standards Authority of India have issued clarification Annexures- A and B respectively to the affect that the petitioners' service does not require the certification under F.S.S.Act, 2006.
6. It is contended that without disposing the objections Annexures-E, E1 to E3, one unit of the petitioners is already seized. When the 4 t h respondent 5 has issued show cause notices, he has to dispose of the same on hearing the petitioners. Without passing an order on the said objections, the 4 t h respondent cannot proceed with the matter.
7. The 4 t h respondent is hereby directed to consider the objections statements of the petitioners Annexure-E, E.1 to E3 within four weeks from the date of this order. The petitioners shall be given an opportunity of hearing before disposal of the objection statements and pass orders in accordance with law.
8. The 4 t h respondent shall not seize the units till disposal of the objection statements of the petitioners.
9. Writ petitions are disposed of accordingly.
Sd/-
JUDGE EM/-