Narendra Nath Tiwari, J. - (1.) IN this I.A., the petitioner has prayed for stay of the operation of impugned order dated 23.11.2013. It has been submitted that by the said order a penalty of Rs. 5,00,000 (rupees five lacs) has been imposed under Section 51 of the Food Safety and Standard Act, 2006 for contravention of Section 3(zx), 26 & 27 of the Act and the petitioner's licence has been suspended.
(2.) LEARNED counsel for the petitioner submitted that the order is wholly illegal and arbitrary and penalty is disproportionately high. In view thereof, during pendency of the writ petition, the operation of the impugned order be stayed. Learned JC to GA opposed to prayer. It has been submitted that the impugned order dated 23.11.2013 is a final order. The respondents have to file counter affidavit and the matter is yet to be heard and decided on merit and an interim order of stay would tantamount to interfering with the said final order without considering the merit of the order after final hearing. The prayer of the petitioner is, thus, liable to be rejected.
(3.) I have heard learned counsel for the parties and find substance in the submission of learned counsel for the respondents.;