LAWS(KAR)-2019-2-547

SUSHEELA S. Vs. STATE OF KARNATAKA AND ORS.

Decided On February 21, 2019
Susheela S. Appellant
V/S
State of Karnataka and Ors. Respondents

JUDGEMENT

(1.) This petition is directed against the order dated 6.12.2013 passed by respondent No.2 vide AnnexureG whereby the licence granted in favour of the petitioner has been cancelled.

(2.) The petitioner is the proprietor of Akshaya Aqua (Pure Water Centre), a water purification plant. The petitioner had obtained the licence under the Food Safety and Standards Act, 2006 (for short "the Act"?) for installation of water purification plant in Chamarajanagar. Pursuant to that licence, the petitioner had installed the water purifier plant and was supplying water to the public through wending machine. By order dated 6.12.2013, the respondent No.2 vide Annexure-G has cancelled the licence of the petitioner on the ground that the petitioner is supplying water through can and mini tanker. Being aggrieved by the same, the petitioner has approached this Court.

(3.) Smt. Divya Krishna, the learned counsel for the petitioner submits that as per Section 32 of the Act, the authority has to first give notice and after hearing the parties has to pass order either for suspension or cancellation of the licence. Without following the procedures as contemplated under law, the respondent authority has cancelled the licence issued to the petitioner. She has denied the allegation that the petitioner was supplying the water through can and mini tanker. Hence, she sought for allowing the writ petition.