Order on Board

17/09/2024

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That the Hon'ble Court may kindly be pleased to quash the impugned final intimation dated 09.05.2022 (Annexure P-10) issued by the respondent No. 5 and subsequent proceedings.

10.2 That the Hon'ble Court may kindly be pleased to direct the respondent no. 5 to not interfere with the peaceful possession of the land (aforesaid land) of the petitioner and his business.

10.3 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to permit the petitioner to run the aforesaid shop namely Raza Chicken Center in the given address.

10.4 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.5 Any other relief, which may deem fit, in the interest of justice..”

2. Learned counsel for the petitioner submits that petitioner after purchase of land, constructed a shop and after obtaining the prior permission, licence and NOC, started business of chicken center. Based on the complaint lodged by respondent No.6, respondent No.5 has taken action against the petitioner and has issued notice for shifting the chicken center to some other place or area and has further mentioned that if petitioner does not shift the chicken center, administration will initiate proceeding of shifting the chicken center, last notice was issued on 09.05.2022. Action on the part of respondent is per se illegal and arbitrary when petitioner is running chicken center after obtaining the prior permission and licence from the competent authority i.e. Registration Certificate from the Govt. of Chhattisgarh Health and Family Welfare Department Food Safety and Standards Authority of India, No Objection Certificate from respondent No.5 and no objection from other nearby residents. When once the petitioner has obtained prior permission, NOC/registration to run chicken center, respondent No.5 erred in issuing notice for removing the chicken center of the petitioner by which he is earning livelihood for himself and for his family members. Issuance of notice is in violation of Article 19 of the Constitution of India.

3. Learned counsel for respondent No.5 opposes the submission of learned counsel for the petitioner and would submit that the petitioner purchased the land which is registered as residential land in the revenue record. He also contended that in the copy of sale deed, under the heading “declaration deed/affidavit” petitioner has mentioned that land is being purchased for residential purpose. He also contended that based on licence obtained by the petitioner from the FSSAI, respondent No.5 has issued ‘No Objection Certificate’, however, it was a conditional one. The petitioner has to maintain hygiene and cleanliness in the shop. Respondent No.6 has raised an objection immediately after starting of chicken center that foul smell is coming from the shop, cleanliness is not maintained and has made prayer for shifting the chicken center, based upon which, several notices were issued to the petitioner. On the complaint made to the Food and Safety Department, petitioner was issued notice and further, inspection of the shop of petitioner was also conducted in which the Inspector has submitted the report affirming allegation made in the complaint. In report, it is mentioned that at the time of inspection, shop was not clean and odd/foul smell was in atmosphere. He also pointed out that licence/registration certificate issued by the Govt. of Chhattisgarh, Health and Family Welfare Department Food Safety Standards Authority of India has been cancelled. Cancellation of registration is not put to challenge. As on the date, petitioner is not possessing any licence/registration certificate, he cannot operate the chicken center legally. He also contended that when the officer of the State administration went to shop of the petitioner to see the same, petitioner has given undertaking that he will