Telangana High Court
WP/6829/2002 of M/S.CRUSTAL PURE DRINKING WATER SUPPLIES Vs MINISTYR H ANDF.W. DEPT AND ANR NALGONDA on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6829 of 2002 Between: M/s. Crystal Pure Drinking Water Suppliers, Behind New Bus Stand,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO : 6829 of 2002
Between:
M/s. Crystal Pure Drinking Water Suppliers, Behind New Bus Stand, Venkateswara Colony, Neredicherla village and Mandal, Nalgonda District Rep. by its Managing Partner-Sk.Hussain, S/o.Janimia, aged 43 years.
AND
..... PETITIONER
1. The Secretary, Ministry of Health & Family Welfare, Department of Health,Government of India, New Delhi.Government of India, New Delhi.
2. Food Inspector, Division-II, Govt. of A.P., Food Health Admn. 6-1-88,Vidyanagar, Nalgonda, Nalgonda District.Vidyanagar, Nalgonda, Nalgonda District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue writ, order or direction, more particularly one in the nature of Writ of Mandamusdeclaring the impugned Notice dt.22.03.2002. In spite of this Hon’ble Court grantingstay of G.S.R.No.202(E) dt.21.03.2001 & G.S.R..No.759 (E), G.S.R.No.760(E)dt.29.09.2000 in W.P.M.P. No.8925/2001, in W.P.No.7032 of 2001 dt.15.04.2001directing the petitioner to stop manufacturing of Mineral Water/packaged drinkingwater without B.I.S. Certification is illegal, arbitrary, capricious, unwarranted,violative of principles of natural justice and also violative of the Fundamental Rightsguaranteed under Articles 19(g) and 21 of the Constitution of India, and alsoviolative of Section 14 of the Bureau of Indian Standards Act, 1986 andconsequently to direct the respondents not to insist for compulsory B.I.S.Certification for carrying on the Unit of the petitioner.
Counsel for the Petitioner: MR.T.UMADHAR RAO
Counsel for the Respondent No.1: Ms. P.Sarada, Addl. Standing Counsel forthe Central Government.
Counsel for the Respondent No.2: GP FOR MEDICAL HEALTH &FAMI.WELFARE
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ORDER:
It is represented by the learned Counsel for the petitioner as well as the learnedAdditional Standing Counsel appearing for the first respondent that the issue raisedin this writ petition is squarely covered by the ratio laid down by the Division Benchof this Court in Krishna Foods & Acqua Minerals, Nallajerla, West Godavari v.Govt. of India, Dept. of Health
2. In view of the law laid down in the said decision, the contentions raised by thepetitioner in this writ petition cannot be accepted and accordingly the writ petition isdismissed. No costs.
Dated: 27[th] December, 2004.
Cs
_____________
G.ROHINI, J
To
1. The Secretary, Ministry of Health and Family Welfare, Department ofHealth, Government of India, New Delhi.Health, Government of India, New Delhi.
2. The Food Inspector, Division-II, Govt. of A.P., Food Health Admn., 6-1-88,Vidyanagar, Nalgonda, Nalgonda District.Vidyanagar, Nalgonda, Nalgonda District.3. Two C.Cs. to the Government Pleader for Medical Health and FamilyWelfare, High Court Buildings, Hyderabad. (O.U.T.)Welfare, High Court Buildings, Hyderabad. (O.U.T.)4. Two C.D. copies.