LPA no. 197/2022

Page 1 of 7

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

LPA no. 197/2022

Reserved on 17.10.2022

Pronounced on 03.11.2022

Parveez Ahmad Baba

…. Appellant(s)

Through: Mr M. A. Qayoom, Advocate with

Mr Mian Tuffail, Advocate

v.

Union Territory of JK and others

… Respondent(s)

Through: Mr D. C. Raina, Advocate General with

Mr Sheikh Mushtaq, AAG, for R-1 to 4

Mr Jahangir Iqbal Ganai, Sr. Adv with

Mr

Wasil

Rasool

and

MsRuqaiya

Siddique, Advocates for R-5

CORAM:

Hon’ble the Chief Justice

Hon’ble Ms Justice Moksha Khajuria Kazmi, Judge

JUDGMENT

Per Moksha, J

01/-

By this Letters Patent Appeal, for short LPA, the appellant questions the

judgment/ final order passed by the Writ Court in writ petition, WP(C) no. 1997/2021,

for short impugned judgment, whereby the writ petition filed by the appellant,

assailing the License dated 15^th May, 2019 issued by the Designated Officer/ State

Licensing Authority under the Food Safety and Standard Act, 2006, hereinafter for

short as Act, in respect of Samci Restaurant, Residency Road, Srinagar;

communication bearing No. FDA/FSSA/SGR/313-316 dated 2^nd December, 2020,

issued by respondent no. 4 intimating the appellant that the license dated 15^th May,

2019, is issued to the premises Samci Restaurant and not to respondent no. 5 and that

it would be appropriate and in the interest of both the parties that the name of the

appellant is also inserted in the application form as incharge operation and person

responsible for complying the conditions of the license; and order dated 16^th April,

2021, issued by respondent no. 2, whereby GST registration in favour of the petitioner

has been cancelled w.e.f. 16^th April, 2021 and a fresh registration has been issued in

favour of respondent no. 5, on the grounds taken in the memo of appeal.

LPA no. 197/2022

Page 2 of 7

BRIEF FACTS

02/-

A writ petition had been preferred by the appellant against i) the cancellation of

his Goods and Sales Tax, for short GST, registration; ii) issuance of License dated

15^th May, 2019, issued by the Designated Officer/ State Licensing Authority under the

Act, in respect of Samci Restaurant, Residency Road, Srinagar; and iii) the

communication bearing No. FDA/FSSA/SGR/313-316 dated 2^nd December, 2020,

issued by respondent no. 4, intimating the appellant that the license dated 15^th May,

2019, is issued to the premises Samci Restaurant and not to respondent no. 5 inter alia

on the grounds that the appellant is the sole proprietor of the above referred business

concern “Samci Restaurant, Residency Road, Srinagar” running such business under

valid licenses which have been issued in this behalf by the concerned authorities from

time to time in favour of the appellant.

03/-

While carrying on the said business, the appellant came to know that license to

run the above said business has been issued in favour of respondent no. 5 in terms of

License Number: 11019430000178 dated 15^th May, 2019, by the Designated Officer,

State Licensing Authority under FSSA, 2006. Subsequent thereto, vide

communication bearing No. FDA/FSSA/SGR/313-316 dated 02/12/2020 issued by the

Assistant Commissioner, Food, Safety, Department of Drug and Food Control

Organisation, J&K, District Srinagar, Bemina, the application, filed by the appellant

seeking cancellation of the license supra, has been disposed of. The concluding

paragraph of the order is taken note of herein, thus:

“That the licence has been issued to premises of Samci

Restaurant and not to non-applicant as is evident from copy of

licence. Therefore, it is appropriate and in the interest of both

the parties that name of applicant Mr. Parvaiz Majid Baba S/o

Ab Majid Baba R/o Ganzkhud Srinagar is also inserted in the

application form as person incharge of oper