BIRENDRA SHAHI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By this Writ Petition the petitioner has challenged Notification No. 16/H/PFA dated 25-8-98 issued by the Government of Sikkim, Department of Health and Family Welfare, Local Health Authority (P.F.A.) prohibiting the petitioner to "manufacture, sale, store or distribution of ice candy within the State of Sikkim in the interest of public health hygine with immediate effect till further orders." By letter No. 3755/UD and HD dated 19-10-98 issued by the Urban Development and Housing Department, Government of Sikkim, the petitioner was informed:-

(2.) It is evident that the trade licence was not issued by the Urban Development and Housing Department because of the Notification issued by the Department of Health and Family Welfare, Local Health Authority (PFA) dated 25-8-98. Earlier to that Notification, the office of the Food (Health) Authority (P.F.A.) Department of Health and Family Welfare, Gangtok had issued memo No. 303/H and FW/PFA dated 7-8-98 to the petitioner in the following terms :-

(3.) case of the petitioner as stated in paragraph 31 is as under :-