KHADYA PEYA VIKARETE MALAK SANGH versus THE CHIEF OFFICER, SANGLI MUNICIPAL COUNCIL & ANR.

KHADYA PEYA VIKARETE MALAK SANGH versus THE CHIEF OFFICER, SANGLI MUNICIPAL COUNCIL & ANR.

Members of the appellant association whose main business is retail sale of food articles prepared in their own premises are not liable to be charged licence fees both as manufacturers and as retail dealers; they are only liable to pay fees as retail dealers under items 3 to 8 of Appendix (1) of the Maharashtra Prevention of Food Adulteration Rules, 1962. The High Court was in error in holding otherwise.

Parties
Appellant: Khadya Peya Vikarete Malak Sangh; Respondent No. 1: The Chief Officer, Sangli Municipal Council; Respondent No. 2: M. N. Shroff
Jurisdiction
India
Judgment Date
19 November 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Second Appeal No. 1064 of 1970
Outcome
Appeal allowed
Legal Topics
Food Adulteration, Licensing Fees, Interpretation of Statutory Provisions, Retail and Manufacturer Status
Local Government Law Public Health Law Food Adulteration Licensing Fees Interpretation of Statutory Provisions Retail and Manufacturer Status

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Parties

Khadya Peya Vikarete Malak Sangh

Appellant

The Chief Officer, Sangli Municipal Council

Respondent No. 1

M. N. Shroff

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Bombay High Court in Second Appeal No. 1064 of 1970

Legal Issues

  1. 1 Whether hoteliers and restaurant keepers are liable to pay licence fees both as manufacturers and as retail dealers under the Maharashtra Prevention of Food Adulteration Rules, 1962 Appendix (1), items 1, 7 and 8

Ratio Decidendi

Members of the appellant association whose main business is retail sale of food articles prepared in their own premises are not liable to be charged licence fees both as manufacturers and as retail dealers; they are only liable to pay fees as retail dealers under items 3 to 8 of Appendix (1) of the Maharashtra Prevention of Food Adulteration Rules, 1962. The High Court was in error in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside.
  • Judgment and decree of the Extra Assistant Judge decreeing the plaintiff's suit restored.