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(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 19761 OF 2022

Between:

Sri Sai Traders, Rep. by its Proprietor: Pasumarti Siva Satyanarayana, S/o. Ragava Rao, Aged about 53 years, H.No.23-154/1, Salipeta, Chilakaluripet, Guntur District

Petitioner

AND

• 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Medical and Health Department, Secretariat, Velagapudi, Amaravati.
• 2. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada.
• 3. Food Safety and Standard Authority of India, Represented by its CEO, 3rd and 4th floor, FDA Bhawan, Kotla Road, New Delhi.
• 4. The State of A.P, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati.
• 5. The Director General of Police, State of Andhra Pradesh at Mangalagiri, Guntur District. MRESSE.
• 6. The Superintendent of police, Guntur, Guntur District.
• 7. The Station House Officer, Chilakaluripet Police Station, Guntur.
• 8. Special Enforcement Bureau, Guntur, Guntur District.
• 9. Union of India, Represented by itst Ministry of Health and Family Welfare, Room No. 348 A wing, Nirman Bhavan, New Delhi.

合議

Respondents

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WHEREAS the Petitioner above named through its Advocate SRI RAJA REDDY KONETI presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the notification No.318/FSSA/AP/2014-21, Dt. 06.12.2021 as illegal arbitrary without jurisdiction and maviolation of Article 19(1)(g) and 21 of the Constitution of India and consequently set-aside the notification and further direct the respondents and their subordinates not to interfere with the day to day business activities of production, distribution, transport and sale of the tobacco products like khaini, gutka etc., of the petitioner firm doing lawful business strictly covered under COTPA(Cigarette other Tobacco Products Act) having the requisite licenses as well as payment of GST all taxes etc., vide 37BDPPS3345R1ZH including registration of cases for the above said business activities of tobacco products in the interest of justice

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AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri RAJA REDDY KONETI Advocate for the Petitioner, and of GP FOR MEDICAL AND HEALTH for Respondents 1 to 3, GP FOR HOME for Respondents 4 to 8, SRI N HARINATH Standing Counsel for Respondent No.9 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

• You viz:
  • 1. The Principal Secretary, Medical^ogand Health Department, State of Andhia Pradesh, Secretariat, Velagapudi, Amaravati.
  • 2. The Commissioner of Food Safety; Government of A.P., Gollapudi, Vijayawada.
  • 3. The CEO, Food Safety and Standard Authority of India, 3rd and 4th floor, FDA Bhawan, Kotla Road, New Delhi.
  • 4. The Principal Secretary, Home Department, State of A.P, Secretariat, Velagapudi, Amaravati.
  • 5. The Director General of Police, State of Andhra Pradesh at Mangalagiri, Guntur District.
  • 6. The Superintendent of police, Guntur, Guntur District.
  • 7. The Station House Officer, Chilakaluripet Police Station, Guntur.

DAN SIN

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• 8. Special Enforcement Bureau, Guntur, Guntur District.
• 9. The Ministry of Health and Family Welfare, Union of India, Room No. 348 A wing, Nirman Bhavan, New Delhi. $\mathcal{L}(\mathcal{R})$ Barbara

2018年 年点

生活是 第二

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 14-07-2022, on which date the case stands posted for hearing

Altres 2

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with production, sale, transport and distribution of tobacco products like Khaini, gutka etc., including the registration of cases under the said lawful tobacco product business activities by the petitioner firm vide GST No.37BDPPS33455R1ZH throughout the State of Andhra Pradesh by suspending the notification vide Notification No.318/FSSA/AP/2014-21, Dt.06.12.2021 issued by the 3rd respondent, pending disposal of WP No. 19761 of 2022, on the file of the High Court. The Court made the following: ORDER:

"Notice before admission. 2018年 30

Learned Government Pleader for Medical & Health takes notice for the respondents 1 to 3, waives further notice and seeks time to file counter.

Learned counsel for the petitioner submits that the impugned notification is issued without jurisdiction. He further submits that in identical matters, this Court passed orders in several writ petitions staying the operation of the impugned notification stating that the State authorities have no jurisdiction to issue the notification.

Per contra, learned Government Pleader for Medical & Health submits that in W.P.No.30185 of 2021 questioning the same notification impugned in this writ petition, a learned Single Judge referred the matter to the Division Bench and the matter is pending before the Division Bench. He further submits that a vacate stay petition has already been fled in WP.No.11854 of 2022 where interim order was passed and on which the petitioner is relying on. On the above grounds he stoutly opposed for grant of interim order,

In view of the earlier interim orders passed in similar matters, this Court felt it just and fair to grant the same order.

Accordingly, having regard to the fact that the petitioner relied upon the decision of the Hon'ble Apex Court in Godawat Paan Masala IP Limited v. Union of India [(2004) 7 SCC 68] and also the order of Hon'ble High Court of Telangana in WP.No.4205 of 2020 dated 28.02.2020 to canvas the point that the tobacco products are purely covered by a Central Special Legislation i.e Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003 and therefore, the State authorities have no Junsdiction to issue the No.318/FSSA/AP/2014-21, dated 06.12.2021, all further proceedings in pursuance notification of the aforesaid notification are stayed.

Post on 14.07.2022".

STATISTIC I/TRUE COPYII "若酒吧"不知。

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おくされたいか But die on

SDI-PV RAMANA JOINT REGISTRAR

For ASSISTANT REGISTRAR

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To,

• 1. The Principal Secretary, Medical and Health Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.
• 2. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada. 3. The Food Safety and Standard Authority of India, 3rd and 4th floor, FDA Bhawan, Kotla Road, New Delhi:
• 4. The Principal Secretary, Home: Department, State of A.P, Secretariat, Velagapudi, Amaravati. $-3.55$ $+3.00$

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• 5. The Director General of Police, State of Andhra Pradesh at Mangalagiri, Guntur District.
• 6. The Superintendent of police, Guntur, Guntur District.
• 7. The Station House Officer, Chilakaluripet Police Station, Guntur.
• 8. Special Enforcement Bureau, Guntur, Guntur District.
• 9. The Ministry of Health and Family Welfare, Union of India, Room No. 348 A wing, Nirman Bhavan, New Delhi. (Addresses 1 to 9 by RPAD- along with a copy of petition and memorandum of grounds)
• 10. One CC to SRI RAJA REDDY KONETI Advocate [OPUC]
• 11. Two CCs to GP FOR MEDICAL AND HEALTH, High Court of Andhra Pradesh. $[OUT]$
• 12. Two CCs to GP FOR HOME, High Court of AP [OUT]
• 13. One CC to SRI N HARINATH, Standing Counsel [OPUC]
• 14. One spare copy

HIGH COURT

MGRJ $\vee$

DATED:08/07/2022

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POST ON 14-07-2022

NOTICE BEFORE ADMISSION

WP.No.19761 of 2022

DIRECTION