- (1.) The present writ petition has been filed, inter alia, for the following reliefs:- "(i). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.10.2017 passed by the respondent No.3 (contained as Annexure No.-1 to the writ petition). (ii). Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to run the shop in question pursuant to the License No.12717065000300 dated 28.09.2017, which has been issued to the petitioner and valid upto the 27.7.2018 (contained as Annexure No.5 to the writ petition)."
(2.) The brief facts of the case as narrated in the writ petition are that the petitioner is resident of Village- Jasoi, Police Station- Titavi, District- Muzaffarnagar and running his meat shop in the aforesaid village. To carry out of the aforesaid business, the petitioner had applied for issuing license before the respondent No.3- Additional Chief Officer, Zila Panchayat, Muzaffarnagar and pursuance to the aforesaid application, respondent No.3 has called detailed report from the concerned Gram Panchayat as well as police station of the area. On 05.09.2017, S.H.O. of Police station Titavi, District- Muzaffarnagar has submitted 'No Objection Certificate' before the respondent No.3 with a recommendation to grant of license to the petitioner. The Secretary/ Village Development Officer, Vikas Kshetra Jasoi, Block Baghara, District Muzaffarnagar has also given 'No Objection Certificate' in respect of the shop of the petitioner. 'No Objection Certificate' given by both the authorities have been annexed as Annexure-3 to the writ petition. It has been further submitted that the petitioner has applied for license for running the meat shop under The Food, Safety and Standards Act, 2006 (in short 'FSS Act, 2006'). Thereupon, the respondent No.4 issued license No. 12717065000300 in the name of M/s. Din Meat Shop on 28.9.2017 and thereafter the petitioner started to run his shop peacefully. It has been further stated in the writ petition that a false complaint was made before the respondent No. 2 by one Vikram Saini alleging that the petitioner is running meat shop illegally in the concerned area without any authority and license. Pursuant to the aforesaid false complaint, the respondent No.2 has called for report from the respondent No.4 and in pursuance thereof, the respondent No.4 submitted report on 25.10.2017 stating that after getting 'No Objection Certificate' from the Secretary, Village Development Officer and concerned Station House Office, the license No. 12717065000300 dated 28.9.2017 was issued to the petitioner which was valid for a period of one year. Thereafter the respondent No.3 has passed the impugned order dated 03.10.2017 stating that since the petitioner has not obtained license from the Zila Panchayat, the petitioner was directed to close the meat shop. Hence, the present writ petition has been filed by the petitioner.
(3.) Learned counsel for the petitioner has stated that impugned order passed by the respondent No.3 is illegal, arbitrary and against the provisions of FSS Act, 2006. Learned counsel for the petitioner while referring to Section 89 of FSS Act, 2006 and clause (2) and (3) of Section 97 of FSS Act, 2006 has stated that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act and the petitioner having already obtained license in accordance with FSS Act, 2006 issued by the competent authority, the order passed by the 3rd respondent directing for closure of petitioner's meat shop is wholly illegal.;