Rishabh Khera vs. State Of U.P. And 3 Others
Held
The Court, considering the facts and circumstances and without going into the merits of the controversy, held that it was open for individual interveners to apply to the statutory authority for the grant or renewal of a license to run their respective 'Hukka Bar'. The Court directed that if such an application is made by the petitioner, it should be dealt with strictly in accordance with law and as expeditiously as possible, preferably within a period of one month from the date of filing. The Court disposed of the writ petition with these observations, essentially leaving the decision on the license application to the statutory authority as per law.
Facts
The petitioner, Rishabh Khera, sought a direction from the Designated Officer, Food Safety & Drug Administration, Saharanpur, to grant a license for his 'Hukka Bar' at Old Door Cafe. The petitioner has been running the cafe since 2020 and holds a food safety license valid until March 30, 2024. His cafe is also registered under GST. A Public Interest Litigation (PIL) in 2020 had led to a ban on 'Hukka Bars' in Uttar Pradesh. This PIL was disposed of on February 21, 2023, with observations that individuals could apply to the statutory authority for grant/renewal of licenses, which would be considered in accordance with law. The petitioner filed an application for the Hukka Bar license on March 28, 2023.
Key Issues
1. Whether the petitioner is entitled to a direction for the grant of a license to run a 'Hukka Bar' in light of the previous ban and the subsequent disposal order of the PIL (PIL No. 716/2020)? (Question of law and fact) Petitioner's contention: The petitioner argued that following the disposal of PIL No. 716/2020, which allowed individuals to apply to the statutory authority for licenses, he is entitled to similar consideration for his Hukka Bar license. He relied on the observations made in the PIL disposal order dated February 21, 2023. Respondent's contention: The State respondents, through the Additional Chief Standing Counsel, did not dispute the factual and legal aspects of the matter raised by the petitioner.
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Neutral Citation No. - 2023:AHC:170711-DB Court No. - 40 Case :- WRIT - C No. - 24108 of 2023 Petitioner :- Rishabh Khera Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Asar Mukhtar,Mariyam Azmi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Surendra Singh-I,J.
Heard Ms. Mariyam Azmi, learned counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents.
Present writ petition is preferred with a prayer to issue direction to the Designated Officer, Food Safety & Drug Administration, Collectorate Office, District Saharanpur (respondent No.4) to consider the application of petitioner dated 28.03.2023 and grant the license of 'Hukka Bar' to the petitioner's Old Door Cafe within stipulated period.
Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel placed detailed instructions dated 20.07.2023, which is taken on record.
Learned counsel for the petitioner submits that the petitioner is running Old Door Cafe (ODC) situated at Opposite Sadar Thana, 2C/2965 Church Road, Saharanpur since the year 2020. In this regard, a licence has also been issued in favour of th
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