Order On Board

1. By way of this petition, the petitioner has approached this Court under Article 226 of the Constitution of India seeking a direction to the respondent authorities to refund the amount of ₹50,000/- deposited by him in pursuance of the order dated 22.12.2023 passed by the Additional District Magistrate, Janjgir.

2. The case of the petitioner, in brief, is that the petitioner is engaged in business of food products and was subjected to proceedings under the Food Safety and Standards Act, 2006. Pursuant to proceedings initiated by the Food Safety Officer, the Additional District Magistrate, Janjgir, by order dated 22.12.2023, imposed a penalty of ₹50,000/- upon the petitioner. In compliance of the said order, the petitioner deposited the penalty amount on 15.02.2024. Being aggrieved, the petitioner preferred an appeal, which ultimately came to be allowed by the learned Sessions Court, Janjgir-Champa, vide order dated 29.01.2025, whereby the order of penalty was set aside. Thereafter, the petitioner moved an application before the competent authority seeking refund of the deposited amount. The Additional District Magistrate, Janjgir, vide order dated 23.05.2025, allowed the claim and directed refund of the amount. However, according to the petitioner, the same was not complied with, compelling him to file the present petition.

3. Following reliefs have been prayed by way of this petition:-

“(i) That, the Hon'ble Court may kindly be pleased to call the entire record from the respondent authorities.

(ii) That, the Hon'ble Court may kindly be pleased to direct the respondent No. 3 may be takenappropriate step to comply the order of learned Food Security Tribunal Janjgir dated 29.01.2025 (Annexure P-5) as well as order of the Additional District Magistrate Janjgir, District-Janjgir- Champa (C.G.) dated 23.05.2025 (Annexure P-7) and return back the penalty amount a sum of rupees 50,000/- which deposited by petitioner in compliance of respondent No. 02 dated 22.12.2023

(iii) Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner”

4. Learned counsel for the petitioner submits that the amount of ₹50,000/- was deposited pursuant to the punishment order dated 22.12.2023. It is submitted that the said order has already been set aside by the appellate authority i.e. learned Sessions Court, Janjgir-Champa vide order dated 29.01.2025, and thus the very basis of deposit no longer survives. It is further submitted that once the order imposing penalty has been quashed, the petitioner is entitled for refund of the amount deposited by him.

5. Learned State counsel submits that the grievance of the petitioner does not survive. It is submitted that the amount in dispute has already been refunded to the petitioner vide order dated 21.01.2026 passed by the Additional District Magistrate, District Janjgir-Champa. Therefore, it is contended that nothing further survives for adjudication in the present petition.

6. I have heard learned counsel for the parties and perused the material available on record.

7. From the submissions advanced, it is evident that the petitioner’s grievance was limited to refund of the penalty amount deposited by him. In view of the statement made by learned State counsel that the said amount has already been refunded to the petitioner, the grievance of the petitioner stands redressed.

8. In view of the above, since the grievance of the petitioner has already been redressed, the present writ petition is dismissed as infructuous.

9. No order as to costs.