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2015 Supreme(Bom) 1410

S.C.DHARMADHIKARI, G.S.KULKARNI
Association of the Traders carrying the Food Business of various Food items – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr.A.V.Anturkar, Senior Advocate i/b. Mr.Sugandh Deshmukh, for the Petitioner in Writ Petition No.477/12.
Mr.Kamal Bhulchandani i/b. Mr Kamal & Co., for the Petitioner in Writ Petition No.227/12.
Ms.Anjali Purav, for the Petitioner in Writ Petition No.115/14.
Mr.Mehmood Pracha with Mr.Anil Singh, A.S.G., with Dr.G.R.Sharma, Mr.Rui Rodrigues, Mr.G.Hariharan, Mr.N.R.Prajapati, Mr.T.N.Pathan, Mr.Dhanesh Shah i/b. Mr.Niraj Kumar, the Respondents – Union of India.

JUDGMENT :

(PER G.S.KULKARNI, J.)

1. Admit. Respondents waive service. By consent of the learned Counsel for the parties and at their request taken up for final hearing.

2. This batch of petitions raise a common challenge. The challenge is to the constitutional validity of the provisions of Food Safety and Standard Act, 2006 as also to the rules and regulations framed thereunder.

3. Writ Petition No.477 of 2012 has been filed by the Association of the Traders claiming to carry on business in various food. The petitioner describes itself to be a registered association, however, without specifying under which law, it is so registered. The challenge as raised in this petition is quite broad inasmuch as in prayer clause (a) the petitioners pray for quashing and setting aside the provisions of the Food Safety and Standards Act, 2006 (for short “the FSS Act”) as violative of Article 14, 19 and 21 of the Constitution of India. In the alternative, a prayer is made seeking a writ of mandamus to quash and set aside the provisions of Section 31 and 36 and other connected sections of the FSS Act as violative of Article 14, 19 and 21 of the Constitution of India.

4. The second Writ Petition being Wr


































































































































































































































































































































































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