TMI Blog2022 (11) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... istration of the business unit, the same stands cancelled on 16th April, 2021 insofar as the appellant is concerned, however, the same, as of now, is registered in the name of respondent no. 5. The proper course was to leave the concerned authority free to take a decision as to who, out of the two, fulfils the criteria for holding a license without placing any embargo on its powers in contravention of the relevant provisions of the Act - the appeal is disposed off by providing that the appellant as also the respondent no. 5 shall be at liberty to approach the concerned authority for issuance/renewal of license. - LPA No. 197/2022 - - - Dated:- 3-11-2022 - Ms Moksha Khajuria Kazmi and Ali Mohammad Magrey, JJ. For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BRIEF FACTS 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 dated 15th May, 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 dated 2nd December, 2020, issued by respondent no. 4, intimating the appellant that the license dated 15th May, 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir vide his order dated 20 th March, 2021, providing that the effective date of cancellation of registration shall be 16th April, 2021. 5. Aggrieved of the above referred three actions of the respondents the appellant filed a writ petition, WP (C) no. 1997/2021, seeking the following reliefs: I) By issuance of a Writ of Certiorari or any other writ, order or direction, the operation of the impugned licence dated 15.05.2019 of the State Licencing Authority under Food Safety and Standards Act, 2006, whereunder, the licence granted to the petitioner for running Samci Restaurant, Residency Road, Srinagar, has been transferred in the name of respondent no. 5; Letter bearing no. FDA/FSSA/SGR/313-316 dated 02.12.2020 issued by respondent n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued a show cause notice to the respondent no. 5 for filing reply. Respondent no. 5, responded to the notice and submitted that the appellant and respondent no. 5 are real brothers and that the registration under Shops Establishment Act; electricity bill having consumer ID no. 0201010004706 is under the name of respondent no 5 and the taxes are also being paid by him to the Srinagar Municipal Corporation. Besides, the respondent no. 5 also claimed to be in physical possession of the restaurant. The physical possession of respondent no. 5 was also testified by the Food Safety Officer Zone-I in terms of his report dated 1.11.2019. 8. The appellant is stated to have filed an application before the Deputy Commissioner (Appeals), Sales Tax Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r lines. 28) Needless to say, till the dispute is settled between the petitioner and respondent No.5 amicably or through intervention of the Court of competent jurisdiction, neither the designated authority under the Act shall issue the license nor registration shall be accorded under the GST Act by the authority concerned to either the petitioner or to Respondent no.5 in respect of premises Samci Restaurant . In the absence of license under the Act, it would not be competent either for the petitioner or for the respondent No.5 to carry on the food business in the premises known as Samci Restaurant . The authorities shall take note and act accordingly. 10. Feeling aggrieved of the impugned judgment, the appellant has filed the inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till 14th May, 2021. Therefore, admittedly, neither the appellant nor the respondent no. 5 was having a license, during the pendency of the writ petition, to run the business in question. The issue, as such, was yet again open to be considered afresh by the competent authority. As regards the registration of the business unit, the same stands cancelled on 16th April, 2021 insofar as the appellant is concerned, however, the same, as of now, is registered in the name of respondent no. 5. 15. In such circumstances, the proper course was to leave the concerned authority free to take a decision as to who, out of the two, fulfils the criteria for holding a license without placing any embargo on its powers in contravention of the relevant provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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