Court No. - 21

Case :- WRIT - C No. - 18169 of 2022

Petitioner :- Rahul Chulbula

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Akhilesh Kumar Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

The petitioner is aggrieved by an order dated 29.3.2022, passed

by Adjudicating Officer, under the provisions of the Food

Safety and Standards Act, 2006.

Sri Dilip Kesarwani, learned Additional Chief Standing

Counsel, submitted that under Section 70 of the Food Safety

and Standards Act, 2006, an appeal lies from the decision of

Adjudicating Officer to the tribunal. He further submitted that

the State Government by a notification dated 3.5.2014 has

constituted tribunal for different areas and also appointed

presiding officer therefor. In case of petitioner, the appeal

would be maintainable before District and Sessions Judge,

Moradabad, under whose jurisdiction District Bijnor falls. A

copy of the said notification has been placed before us for our

perusal and we find sufficient force in the submission of learned

Additional Chief Standing Counsel.

Accordingly, the writ petition is disposed of with liberty to the

petitioner to avail the remedy of appeal as provided under

Section 68, read with Section 70 of the Food Safety and

Standards Act, 2006.

(Dr. Y.K. Srivastava, J.) (Manoj Kumar Gupta, J.)

Order Date :- 29.7.2022

Jaideep/-

Digitally signed by JAIDEEP

BANERJEE

Date: 2022.07.29 15:59:31 IST

Reason:

Location: High Court of Judicature at

Allahabad