Facts of the Case

This is a food-safety licensing matter, not a GST case. Rishabh Khera runs the Old Door Cafe in Saharanpur, Uttar Pradesh, which holds a valid licence under the Food Safety and Standard Act, 2006 (valid up to 30.03.2024) and is separately registered under GST — a fact noted only to describe the cafe's regulatory standing. During the Covid-19 pandemic, a suo motu PIL (No. 716/2020) led to a state-wide ban on running “Hukka Bars” in Uttar Pradesh via a communication dated 05.09.2020. That PIL was eventually disposed of on 21.02.2023, permitting individual operators (who had intervened in the PIL) to apply afresh for a Hukka Bar licence, to be considered within one month. The petitioner, who was not a party to the original PIL, sought similar relief to have his own application dated 28.03.2023 for a Hukka Bar licence considered by the Designated Officer, Food Safety & Drug Administration, Saharanpur.

Issues Involved

  1. Whether the petitioner, who was not an intervenor in the original PIL, was entitled to the same indulgence granted to intervenors — namely, expeditious consideration of a fresh licence application for a Hukka Bar.

Petitioner's Arguments

  • The petitioner's cafe was already validly licensed under food safety law and registered under GST, and had applied for a Hukka Bar licence on 28.03.2023.
  • Similar indulgence granted to intervenors in the disposed-of PIL should be extended to the petitioner as well.

Respondent's Arguments

  • The State's Additional Chief Standing Counsel did not dispute the factual or legal position advanced by the petitioner.

Court Order / Findings

  • The Allahabad High Court, without going into the merits of the controversy over Hukka Bars, left it open to the petitioner to apply to the statutory authority under the Food Safety and Standards Act, 2006 for grant/renewal of licence.
  • Any such application was directed to be dealt with strictly in accordance with law, preferably within one month.
  • The petition was disposed of with these observations, without deciding whether Hukka Bar licences should or should not be granted.

Important Clarification

GST registration is mentioned only to identify the petitioner's existing business — the case is entirely about food-safety licensing for Hukka Bars and does not decide any GST question. Business owners should not read this order as bearing on GST compliance; it concerns state regulatory policy on tobacco/hookah service under the Food Safety and Standards Act.

Sections Involved

  • Food Safety and Standards Act, 2006 — licensing provisions for food business operators.
  • Article 226 of the Constitution of India.

Decision – In Favour of

Disposed of without a decision on merits — the petitioner was merely given liberty to apply for a licence, to be considered per law; the substantive Hukka Bar policy question was left open, and there is no GST holding here.

Case Details

Court: High Court of Judicature at Allahabad
Case No.: WRIT-C No. 24108 of 2023
Neutral Citation: 2023:AHC:170711-DB
Coram: Justice Mahesh Chandra Tripathi and Justice Surendra Singh-I
Date of Order: 24.08.2023

Link to Download the Order

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