ASHUTOSH FOODS Vs. UNION OF INDIA

JUDGEMENT

(1.) One of the contentions urged by Shri M. R. Joharapurkar, learned counsel for the petitioners is that in the Standard Operating Procedure dtd. 14/10/2021 prescribed by the respondent No.2/State, there is no reference to any remedy of appeal to be preferred against the finding with regard to the quality of the food grains. Pursuant to the respective show cause notices, the petitioners submitted their explanation after which the sample of the food grains was sent to the independent laboratory. Acting on that report, it has been observed by the respondent No.1 that the remedy of appeal before the Central Grain Analysis Laboratory ought to have been availed of. It is pointed out that there is no reference to existence of such appellate remedy in the Standard Operating Procedure and appeal, if any, was required to be preferred by the Collector. Hence the order of blacklisting is stated to be violative of principles of natural justice.

(2.) Issue notice to the respondents, returnable on 14/09/2023.

(3.) Learned Deputy Solicitor General of India waives service of notice for respondent No.1. Learned In-charge Government Pleader waives service of notice for respondent Nos.2 to 8.