THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 22-02-2011 WRIT APPEAL No. 96 OF 2011 Between: Veeravalli Subba Rao ... APPELLANT AND The Union of India, rep., by its Principal Secretary, Weights & Measures Central Secretariat, New Delhi and another …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 96 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Appellant – manufacturer of mineral water having failed to maintain the standards, consequently a communication dated 22-11-2010 by the Bureau of Indian Standards (BIS) (respondent 2 herein) asking the writ petitioner - appellant to investigate the reasons for failure of the samples and to propose the corrective actions to avoid failure in future, making it clear to him that in the event of his failure to respond as asked for, he would have to stop the marking of the products with BIS mark. But, he chose not to respond, resultantly he was directed vide notice dated 04-01-2011 to stop marking of the products with BIS mark with immediate effect requiring him to forward the samples for further examination after taking remedial steps. He was also informed that if he had interest to continue with the marking of the product, he had to take necessary corrective steps under an intimation to the respondent – BIS to enable the said respondent to inspect and restore certification provided his product is found satisfactory. The communication was replied by the petitioner - appellant on 08-01-2011 to the address of the Director of BIS informing the later that he had stopped the marking and undertook in this connection that a fresh lot of samples would be furnished for inspection, but instead of what he had undertaken in the letter dated 08-01-2011, he rushed to the writ Court on 10-01-2011 only a day after, ignoring what he had stated in the said letter and sought intervention of the Court to permit him to manufacture the mineral water, notwithstanding non-adherence to the standards, but of no avail to him because writ petition was dismissed for two fold reasons, one that respondent – BIS had assured revocation of the order to the appellant, provided he would adhere to the set standards, the other is the availability of an efficacious alternative remedy of appeal which is a very appropriate view and we find no reason to interfere. Dismissed along with miscellaneous petition. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 22-02-2011 K. Shyleshi