Andhra Pradesh High Court - Amravati
Sri Chaitanya General Stores, vs The State Of Ap on 23 December, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
[ 2605 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION NO: 24897 OF 2020 Between: eens : Sri Chaitanya General Stores, Rep. by its Proprietor Kouthavarapu Chaitanya, W/o." Nammaiah, D.No.15-4-16, Raavi Anjaiah Veedhi, Market Area, Tenali, Guntur District. Petitioner AND 1. The State of A.P, 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 Prl. Secretary, Home Department, Secretariat, Velagapudi, Amaravati 4. The Director General of Police, Government of A.P, Mangalagiri, Guntur District. 5. The Superintendent of Police, Guntur, Guntur District 6. The Deputy Superintendent of Police, Tenali, Guntur District 7. The Station House Officer, Tenali | Town Police Station, Guntur 8. The Union of India, Ministry of Health and Family Welfare, Room No.348, A Wing, Nirman Bhavan, New Delhi. 9. The Union of India, Ministry of Commerce and Industries Department and commerce, Government of India, New Delhi 10.The Food Safety and Standards Authority of India, Rep. by its Chief Executive Officer (CEO), 3 Floor, FDA Bhavan, Kotla Road, New Delhi 41. The Commissioner of Commercial Taxes, DNo.5-59, Bandar Road, Spring Valley Apartments, Edupugallu, Vijayawada, Andhra Pradesh 521151 42. The Commissioner of Central Excise, Government of India, Visakhapatnam, A.P. Respondents 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 any writ or direction more particularly one in the nature of Writ of 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 Article 14, 49 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 and further direct the respondents not to issue similar notification after the expire of the impugned notification IA NO: 2 OF 2020 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 24897 of 2020, on the file of the High Court. IA NO: 1 OF 2020 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 direct the respondents not to interfere and not to take any coercive steps in any manner with the trade and business carried out in the products that fall within the impugned Notification ie. Notification No.318/ESSA/AP/2014-20, dated 8-1-2020 published on 10-01-2020 issued by the respondents 1 and 2, pending disposal of WP 24897 of 2020, on the file of the High Court. ae 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 HEALTH AND FAMILY WELFARE for the Respondents, the Court made the following. ORDER:
"| earned Assistant Government Pleader for Medical and Health seeks time for filing counter. Let the needful be done. . Post the matter on 30.12.2020 in the motion list. In the meanwhile, having regard to the fact that the petitioner 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 the 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." cS Sd/-M.RameshBabu ASSISTANT REGISTRAR ITTRUE GOPY!! ING For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Health, Medical and Family Welfare Department, State of A.P, Secretariat, Velagapudi, Amaravati. The Commissioner of Food Safety, Government of A.P, Gollapudi, Vijayawada. The Principal Secretary, Home Department, State of AP, Secretariat, Velagapudi, Amaravati The Director General of Police, Government of A.P, Mangalagiri, Guntur District. The Superintendent of Police, Guntur, Guntur District. The Deputy Superintendent of Police, Tenali, Guntur District. The Station House Officer, Tenali | Town Police Station, Guntur. The Union of India, Ministry of Health and Family Welfare, Room No.348, A Wing, Nirman Bhavan, New Delhi.
9. The Union of India, Ministry of Commerce and Industries Department and commerce, Government.of India, New Delhi.
40.The Chief Executive Officer (CEO), Food Safety and Standards Authority of India, 3° Floor, FDA Bhavan, Kotla Road, New Delhi.
11. The Commissioner of Commercial Taxes, DNo.5-59, Bandar Road, Spring Valley Apartments, Edupugallu, Vijayawada, Andhra Pradesh 521151.
42. The Commissioner of Central Excise, Government of India, Visakhapatnam, A.P7~ (Addresses 1 to 12 by RPAD)
43.One CC to SRI RAJA REDDY KONETI Advocate [OPUC] --
14.Two CCs to GP FOR MEDICAL HEALTH AND FAMILY WELFARE, High Court of Andhra Pradesh. [OUT] ~~
15.One spare copy on ONOa-
HIGH COURT UDPRJ DATED:23/12/2020 POST ON 30.12.2020 IN THE MOTION LIST ORDER WP.No.24897 of 2020 DIRECTION RIAN 2 Pf?
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