SHIVSHAKTI AGENCIES Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Mr. Habibullah Basha, learned senior Advocate appearing for the petitioner assisted by Mr. Srinivas Shankar and Mr. Ramesh Ranganadham, learned Additional Advocate General.

(2.) The Writ Petition was filed by the petitioner Seeking a Writ of Certiorari calling for the records pertaining to the impugned G.O. Ms. No. 44 issued by the Health, Medical and Family Welfare (L1) Department, dated 19-2-2002 and G.O.Ms. No. 55 issued by the Health, Medical and Family Welfare (L1) Department, dated 27-2-2002 prohibiting sale of Pan Masala under any brand name with an emblem of "Gutka" which contains Tobacco in the entire State of Andhra Pradesh, and to quash and set aside the impugned G.O.Ms. No. 44 issued by the Health, Medical and Family Welfare (L1) Department, dated 19-2-2002 and G.O.Ms. No. 55 issued by the Health, Medical and Family Welfare (L1) Department, dated 27-2-2002 after declaring the same as arbitrary, illegal and violative of petitioner's Fundamental Rights guaranteed to them under Arts. 14, 19 and 21 of the Constitution of India and also to declare the provisions of S. 7(iv) of the Prevention of Food Adulteration Act, 1954 as ultra vires of the Constitution of India.

(3.) The W.P.M.P. was filed in the main Writ Petition praying to suspend the effect and operation of the impugned G.O.Ms. No. 44 issued by the Health, Medical and Family Welfare (L1) Department, dated 19-2-2002 and G.O. Ms. No. 55 issued by the Health, Medical and Family Welfare (L1) Department, dated 27-2-2002 prohibiting the sale of Pan Masala under any brand name with an emblem of "Gutka" which contains Tobacco in the entire State of Andhra Pradesh, consequently permit the petitioner to manufacture, sale of Pan Masala under brand name with an emblem of "Gutka" which contains tobacco in the State of Andhra Pradesh pending disposal of the main writ petition.