ORDER :

1. The present case is taken up through video conferencing.

2. Learned counsel for the petitioner submits that though the petitioner has statutory recourse of filing appeal before the Food Safety Appellate Tribunal in terms with Section 70(1) of the Food Safety and Standards Act, 2006 (in short “the Act 2006”) yet the petitioner has directly challenged the order dated 12.02.2021 passed by the respondent no. 3, the Additional Collector-cum-Adjudicating Officer, Ramgarh in Case No. 03 of 2020 by filing the present writ petition due to the reason that the said Appellate Tribunal is not functional in the State of Jharkhand.

3. The writ petition was earlier taken up on 04.08.2021 and on the said date, the respondent-State of Jharkhand was directed to file a separate counter affidavit explaining the reason as to why the Food Safety Appellate Tribunal is not functional in the State of Jharkhand and by what time the same would be made functional. Pursuant to the said order, a counter affidavit has been filed on behalf of the respondents annexing a copy of Notification No. 232 (16) dated 30.07.2020 issued by the Principal Secretary, Department of Health, Medical Education and Family We