PARVEEZ AHMAD BABA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By this Letters Patent Appeal, for short LPA, the appellant questions the judgment/final order passed by the Writ Court in writ petition, WP(C) no. 1997/2021, for short impugned judgment, whereby the writ petition filed by the appellant, assailing the License dtd. 15/5/2019 issued by the Designated Officer/State Licensing Authority under the Food Safety and Standard Act, 2006, hereinafter for short as Act, in respect of Samci Restaurant, Residency Road, Srinagar; communication bearing No. FDA/FSSA/SGR/313-316 dtd. 2/12/2020, issued by respondent no. 4 intimating the appellant that the license dtd. 15/5/2019, is issued to the premises Samci Restaurant and not to respondent no. 5 and that it would be appropriate and in the interest of both the parties that the name of the appellant is also inserted in the application form as incharge operation and person responsible for complying the conditions of the license; and order dtd. 16/4/2021, issued by respondent no. 2, whereby GST registration in favour of the petitioner has been cancelled w.e.f. 16/4/2021 and a fresh registration has been issued in favour of respondent no. 5, on the grounds taken in the memo of appeal.

(2.) A writ petition had been preferred by the appellant against i) the cancellation of his Goods and Sales Tax, for short GST, registration; ii) issuance of License dtd. 15/5/2019, issued by the Designated Officer/State Licensing Authority under the Act, in respect of Samci Restaurant, Residency Road, Srinagar; and iii) the communication bearing No. FDA/FSSA/SGR/313-316 dtd. 2/12/2020, issued by respondent no. 4, intimating the appellant that the license dtd. 15/5/2019, is issued to the premises Samci Restaurant and not to respondent no. 5 inter alia on the grounds that the appellant is the sole proprietor of the above referred business concern "Samci Restaurant, Residency Road, Srinagar" running such business under valid licenses which have been issued in this behalf by the concerned authorities from time to time in favour of the appellant.

(3.) While carrying on the said business, the appellant came to know that license to run the above said business has been issued in favour of respondent no. 5 in terms of License Number: 11019430000178 dtd. 15/5/2019, by the Designated Officer, State Licensing Authority under FSSA, 2006. Subsequent thereto, vide communication bearing No. FDA/FSSA/SGR/313-316 dtd. 02/12/2020 issued by the Assistant Commissioner, Food, Safety, Department of Drug and Food Control Organisation, J&K, District Srinagar, Bemina, the application, filed by the appellant seeking cancellation of the license supra, has been disposed of. The concluding paragraph of the order is taken note of herein, thus: