IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE T.CH.SURYA RAO WRIT PETITION No.11128 of 2006 Between: Shyam Bhaskara Rao, Chairman, Machilipatnam Consumer Protection Council, Edepalli, Machilipatnam, Krishna District. .....Petitioner And 1. The Government of Andhra Pradesh, represented by its Secretary, Health, Medical & Family Welfare, Secretariat, Hyderabad. 2. The Bureau of Indian Standards, represented by its Director, Hyderabad. 3. The Government of India, represented by its Secretary, Ministry of Food & Civil Supplies, New Delhi. 4. The Government of Andhra Pradesh through Municipal Administration Department, Hyderabad. 5. The Government of Andhra Pradesh through Chief Secretary, Hyderabad. 6. M/s. M. Sami Industries, represented by its Proprietor, Mohd. Amanullah, Plot No.60, IDA, Nellimarla, Vizianagaram. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ, more particularly, one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to selling water in pet bottles by many units in the state of Andhra Pradesh under their own brands without any registration from the Bureau of Indian Standards Certification Mark; and to issue appropriate direction to the concerned authorities for compliance the Prevention of Food Adulteration Act, 1955 by non-ISI units located in the State of Andhra Pradesh and list of non-ISI Manufacturers in the state are enclosed to the Petition with interests of justice and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the petitioner : Taken up. Counsel for respondent No.1 : Govt. Pleader for Medical Health and Family Welfare Counsel for respondent Nos.2 and 3: Sri A. Rajasekhar Reddy, Asst. Solicitor General. The Court made the following : ORDER: (per Anil R. Dave, C.J.) In pursuance of letter dated 15th April, 2006 written by Machilipatnam Consumer Protection Council, this Court has considered the question with regard to examining the quality of packed drinking water. It was alleged in the aforesaid letter that without BIS certification, certain manufacturers were packing drinking water in certain containers. The aforesaid letter was treated as a public interest litigation and necessary instructions were given to the concerned authorities of the government. Upon perusal of the reports, this Court is satisfied that due care is being taken by the Municipal Administration Department to see whether units which are packing drinking water are maintaining the standards prescribed by the Bureau of Indian Standards (BIS). This Court has also taken into account the contents of letter dated 18th October, 2007 written from the office of the Commissioner and Director of Municipal Administration giving direction to the Commissioners of ULBs in the State that they should carry out surprise checks so as to ascertain whether the manufacturing units which are packing drinking water are maintaining standards prescribed by the BIS. Certain further instructions have also been given in the aforesaid letter. In view of the fact that at the time of surprise checking, it was found that all the units engaged in manufacturing of packed drinking water were having BIS certification, in our opinion, the government authorities are taking due care to see that the water supplied to consumers in packed bottles is potable. In view of the above fact, we do not see any reason to give further instructions and the petition is disposed of. ANIL R. DAVE, C.J. 4th March, 2008 T.CH. SURYA RAO, J. ........REGISTRAR To 1. The Secretary, Health, Medical & Family Welfare, Government of A.P., Secretariat, Hyderabad. 2. The Director, Bureau of Indian Standards, Hyderabad. 3. The Secretary, Ministry of Food & Civil Supplies, Government of India, New Delhi. 4. The Secretary, Municipal Administration Department, Govt. of A.P., Secretariat, Hyderabad. 5. The Chief Secretary, Government of Andhra Pradesh, Hyderabad. 6. Two copies to Government Pleader for Medical Health and Family Welfare, High Court Buildings, Hyderabad (OUT). 7. Two copies to Government Pleader for Municipal Administration, High Court Buildings, Hyderabad (OUT). 8. Two copies to Government Pleader for General Administration, High Court Buildings, Hyderabad (OUT). 9. One copy to Sri A. Rajasekhar Reddy, Asst. Solicitor General, High Court Buildings, Hyderabad (OPUC). 10. Two CD copies. ARS