SUBHASH GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner seeking the reliefs as reproduced hereinunder :-

(2.) From a perusal of the materials on record, it reveals that the Petitioner claims to be the owner of a Sweet Shop being "M/S Sarada Sweet Shop" on the ground floor of the building covered by Dhubri Municipal Holding No. 05/267(old) under Ward No. 5 of Dhubri Municipality situated at U.N.C. Road, Dhubri Town. It has been claimed by the Petitioner that he has been running the shop since the year 1981 with a valid trade license till the same was sealed by the Respondent Nos. 4 and 5 on 2/5/2019 and seized the furniture and utensils of the Petitioner. It is also the case of the Petitioner that the Petitioner had a valid trade license issued by the Dhubri Municipal Board as well as also a license under the Prevention of Food Adulteration Act, 1954. However, it is also an admitted fact that the Petitioner did not have the license to operate the shop in terms with the provisions of the Food Safety and Standards Act, 2006 (in short 'the Act of 2006'). A further perusal of the pleadings in the writ petition show that there has been certain disputes which are civil in nature between the Petitioner and the Private Respondent No.7 whom Mr. S.K. Goswami, the learned counsel represents.

(3.) The records further reveals that there has been various complaints made by the Private Respondents before the authorities concerned and there has been certain orders passed by the Respondent Authorities on the basis thereof. Be that as it may, this Court would limit itself to the adjudication as regards the challenge which has been made in the instant proceedings.