HARIBHAU RAMCHANDRA GHADAGE Vs. PANDHARPUR MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD.

(2.) BY this writ petition, the petitioner prays for issuance of writ of mandamus directing the respondents to withdraw or cancel the circular dated 20-4-1990 issued by the Commissioner, Food and Drugs Administration (respondent No. 2) and the notice dated 11-7-1990 issued by Pandharpur Municipal Council to the petitioner.

(3.) THE petitioner claims to be engaged in the business of flour mill at Pandharpur within the municipal limits of the Pandharpur Municipal Council. In this flour mill, the petitioner grinds various kinds of grains which, according to him, are brought by customers. The petitioner claims that he only charges grinding and labour charges and neither purchases nor sells any grain or flour nor does he manufacture or sale anything. It is the case of the petitioner that only food grains are brought to the flour mill which are grounded and given back to the customers and no item which is not food grain is brought to flour mill and, therefore, there is no question of food item being adulterated by a non-food item. It is petitioners case that in the background of the aforesaid circumstances, the petitioner and flour mill owners were never required to obtain a licence and when he received notice dated 11-7-1990, he and other flour mill owners got shocked. The association of flour mill owners in Pandharpur of which the petitioner happens to be member claims to have made representations to the State Government and when nothing was done, the petitioner has chosen to file this writ petition.