W.P.(C)/1459/2020 of M/S JAGDISH ICE FACTORY PVT. LTD. AND ANR. Vs NORTH DELHI MUNICIPAL CORPORATION AND ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 1459/2020

M/S JAGDISH ICE FACTORY PVT. LTD. AND ANR...... PetitionerThroughMr.KirtiUppal,Sr.Adv.withMs.Kiran Kalra, Ms.Aastha Dhawan, Mr.SidharthChopra and Mr.Aditya Raj, Advs.ThroughMr.KirtiUppal,Sr.Adv.withMs.Kiran Kalra, Ms.Aastha Dhawan, Mr.SidharthChopra and Mr.Aditya Raj, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION AND ORS.

..... RespondentThroughMs.Zeba Khair and Mr.Afzal S.Shah,Advs.

CORAM:HON'BLE MR. JUSTICE JAYANT NATH

12.02.2020

1.This writ Petition is filed by the Petitioner seeking to quash the showcause notice dated 16.01.2020 and order dated 24.01.2020 issued byrespondent No.2. The case of the Petitioner is that the petitioner is acompany engaged in the business of providing cold storage servicesparticularly to petitioner No.2 who is in the business of meat processingand packaging. Petitioner has also has factory license for running coldstorage facility and meat processing and packaging facility. By theimpugned order show cause notice was issued on 16.1.2020 to thepetitioner where certain deficiencies are said to have been pointed out. Asper the show cause notice direction was passed to the petitioner toimmediately suspend all the meat processing activities/operations in theaforesaid premises till all the shortcomings pointed out above areadequatelyaddressedtothesatisfactionofthelicensing

authority/department.

2.Thereafter on 24.1.2020 by the impugned order the veterinary licensegranted to the factory premises for buffalo meat halal trade was alsocancelled.

3.Mr.Kirti Uppal, learned senior counsel for the petitioner relies upon ajudgment of the Supreme Court inDaffodills Pharmaceuticals Ltd. vs.State of UP, 2019 SCC Online SC 1607 to plead that before any executivedecision maker proposes drastic adverse action, such as debarring orblacklisting order, it is necessary that opportunity of hearing andrepresentation against the proposed action is given to the party likely to beaffected.

4.It is matter of fact that no proper show cause notice for hearing wasgiven to the petitioner before the aforenoted orders were passed. In fact theorder dated 16.1.2020 is though termed as show cause notice but itdirects immediate suspension of all activities.

5.In these circumstances and keeping in view the legal position, asstated above, it will be in the interest of justice that proper hearing begiven to the petitioner. I am told that the petitioner has suspended itsmanufacturing activities in view of the impugned notices serviced on them.6.Let the respondent treat the present Writ Petition as representationof the petitioner. The director of the Veterinary Services Department willgive hearing to the petitioner/authorised representative of the petitioneron 17.2.2020 at 2:00 PM. After giving hearing, the concerned Director isrequested to pass speaking order within one week thereafter. If necessary,an inspection of the premises can also be carried out.

7.At this stage, learned senior counsel for the petitioner states that

respondents do not have power to inspect the premises. Be that as it may,in my opinion, one of the grounds on which show cause notice was issuedis lack of infrastructure floors, walls, ceiling chutes/lifts, staircase,passageways etc. In the light of these allegations it would be appropriatefor the Director concerned to take decision as to whether an inspection ofthe premises is required or not.

8.On passing of the speaking order copy will be communicated to thepetitioner forthwith. If for some reason the petitioner is not satisfied withthe said order, liberty is granted to challenge the same, as per law. Theimpugned order dated 24.1.2020 is accordingly set aside.

9.The Director concerned will pass an order uninfluenced by anyobservations made by this court in this order.

10.A copy of this order be given dasti under signatures of the CourtMaster to learned counsel for the parties.

FEBRUARY 12, 2020

JAYANT NATH, J