OM KATTHA UDYOG Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner No. 2 Santosh Singh Chandel is running an Unit in the name of Petitioner No. 1 'M/s Om Kattha Udyog' and is manufacturing/ processing Kattha (for industrial use) since the year 1993 under registration with District Industries Centre, Directorate of Industries, Government of U.P.

(2.) Petitioners have filed this petition with a prayer that a direction in the nature of mandamus may be issued directing the Sub Divisional Magistrate, Akbarpur, District Ramabai Nagar to open the seal of business premises of M/s Om Kattha Udyog.

(3.) The contention of the Petitioners is that due to the influence of some political leaders of the area, the executive authorities raided the Petitioners' unit on 30.7.2010 and after making an enquiry about the said unit with Sri Anirudh Singh, brother of the Petitioner who by chance was present there having nothing to do with the Petitioners' Unit, prepared a report and lodged a First Information Report on frivolous grounds against Anirudh Singh. On 30.7.2010 itself, the Petitioners' complete unit was sealed arbitrarily under the orders of the Sub Divisional Magistrate, Akbarpur (Respondent No. 3) and no seizure memo was even provided to the Petitioners. Further contention of the Petitioners is that the unit is being run in accordance with law and all the precautions have been taken by the Petitioners by specifically mentioning on the wrappers that Kattha for industrial use is being packed. There is a clear indication on the wrappers that the manufacturer is "Om Kattha Udyog" and the Kattha is 'for industrial use only', 'non edible' and "beverage is injurious for health".