LAWS(CHH)-2022-8-45

E.S. BEENA Vs. STATE OF CHHATTISGARH

Decided On August 16, 2022
E.S. Beena Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The present Writ Petition has been filed by the Petitioners primarily demanding a compensation from the Respondents to the tune of Rs.25.00 Lakh. The additional prayer that has been made by the Petitioners is for ordering an enquiry against the Respondent No.4 and other concerned responsible Officers.

(2.) The whole dispute arises from a raid conducted on 1/2/2021 by Respondent No.4 in the capacity of Zone Commissioner of the Municipal Corporation, Bhilai, District Durg, at the Restaurant that was being run by the Petitioners in the name and style of 'FAT CLUB'.

(3.) Brief facts relevant for the adjudication of the claim raised by the Petitioners in the instant Petition are, that the Petitioners had taken on rent a property belonging to one Mohinder Singh located at shop No.68, Residential-cum-Commercial Complex, Nehru Nagar (East), Bhilai, District Durg. In the said premises, the Petitioners were running a Restaurant/Cafe at the first floor in the name of 'F.A.T. (Cafe)'. The second floor was being used as 'Cadence Academy'. The agreement to rent was entered into with the property owner Mohinder Singh in the name of Petitioner No.1. The Petitioner No.2 is the son of Petitioner No.1. The lease agreement for the said property was entered into in September, 2019. The Petitioners got a license from the Municipal Corporation, Bhilai to run the Restaurant in the name of 'FAT FOOD FOR ANY TOMMY RESTAURANT'. The Petitioners also subsequently applied for the registration of the same with the Department of Food Safety and Standard under the Food Safety and Standard Act, 2006 and they got the registration immediately. The Petitioners were operating the said business peacefully.