K. Kapoor and Others vs State of M.P. and Others

Rajendra Menon, J.—Petitioners are licensed contractors and have been granted contract by the Railway Administration in the matter of carrying out certain business activities by establishing. Food Stalls in the Railway Station. They feel aggrieved by notice dated 26.7.2013 Annexure P1, issued by the Chief Health and Food Inspector, Central Railway, Khandwa directing them to get registered and obtain license under the Food Safety and Standards Act, 2006. According to the petitioners, the statutory date for obtaining the said license has been extended by the Central Government to 4.2.2014 and, therefore, before 4.2.2014 no coercive steps can be taken against them. It is indicated that the petitioners have already taken steps for obtaining the license and the prayer made is that before 4.2.2014, no action be taken against them.

For the present only a show-cause notice has been issued to the petitioners and if they feel that till they obtain license by the extended date i.e. 4.2.2014, they are entitled to carry out the operation then they should reply to the show-cause notice, submit a representation to the competent authority and it would be for the competent authority to consider all the aspects and take action in the matter.

For the present, as only a show-cause notice is issued, interference at this stage is not called for when the competent authority can look into the matter and proceed by taking action. The petition at this stage is pre-mature, as final order with regard to the proposed action after considering the representation of the petitioners is yet to be taken. Accordingly, granting liberty to the petitioners to pursue their representation to the show-cause notice and thereafter challenge the action in case they have any grievance still subsisting, this petition is disposed of.

Certified copy as per rules.