BANASREE SAHA Vs. SUMAN SAHA

JUDGEMENT

(1.) This is an appeal against the judgement and order dated 8 August, 2018 passed by a learned Single Judge allowing WP No. 163 of 2018 and setting aside the order No. 13 dated 26 July, 2018 passed by the Designated Officer, South Andaman District, Office of the Deputy Commissioner, South Andaman, in exercise of power under section 32 (3) of the Food Safety and Standards Act, 2006 (FSS Act) cancelling the licence issued in favour of the writ petitioner/ respondent No.1 on the strength of which he carried on the business of running a sweet shop under the name and style of 'THE CALCUTTA SWEET STALL' at Junglighat, Port Blair.

(2.) The said licence was issued in favour of the writ petitioner on 29 July, 2015 and the same was stated to be valid till 28 July, 2020. An order dated 1 December, 2017 was passed by the Joint Commissioner (FS)/Adjudicating Officer, Office of the Deputy Commissioner of Food Safety, South Andaman, cancelling the said licence on the basis of a complaint lodged by the added respondent/appellant. Such cancellation order was challenged by the writ petitioner by filing WP No. 447 of 2017. By an order dated 8 December, 2017 a Single Judge of this Court set aside the cancellation order on the ground that the Adjudicating Officer did not have the jurisdiction to issue such order. The matter was sent back for consideration by the Designated Officer.

(3.) The Designated Officer, South Andaman District passed an order dated 15 January, 2018 under Section 32 (3) of the FSS Act again cancelling the said licence of the writ petitioner. It appears that in the meantime a civil suit had been filed by the writ petitioner against the added respondent/appellant being OS No. 106 of 2017in the court of the Civil Judge, Junior Division - I at Port Blair concerning the premises wherefrom the writ petitioner carries on his business. In the said suit an interim order was passed restraining the defendant from interfering with the peaceful possession of the plaintiff/writ petitioner. Accordingly, in the order dated 15th January, 2018 it was stated, inter alia, as follows:-