- 1 - 5593 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5593 OF 2011 Raptakos Brett and Company Ltd .. Petitioner vs The State of Maharashtra & ors .. Respondents Mrs. Uma Wagle for petitioner Mr. S.N.Patil A.G.P. for Respondent No.1 State Mr. Sumit Moholkar for Respondent No. 2 Mr. Karan Bhosale for Respondent No. 3 CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 21 July 2011 P.C. 1. Rule returnable forthwith. Mr. Patil A.G.P. waives service of Rule on behalf of respondent no.1-State. Mr. Moholkar waives service of Rule on behalf of respondent no.2 and Mr. Bhosale waives service of notice on behalf of respondent no.3. 2. What is challenged in this petition filed under Article 226 of the Constitution of India is the communication dated 4 July 2011 from Scientist-E, Bureau of Indian Standards, Marks Department Mumbai-I informing the petitioners that the petitioners are not permitted to mark and dispatch their product Infant Milk Substitute- Specification as per IS 14433: 2007 for which the - 2 - 5593 petitioners were granted licence which is valid up to 15 April 2012. 3. Having regard to the nature of the challenge, we are of the view that interest of justice would be served if the petition is disposed of in terms of the following directions : i) The petitioner shall make a representation to the Dy.Director General (Western Region) Mumbai within one week from today. ii) Within two weeks thereafter, the Dy. Director General will give the petitioner an opportunity of personal hearing and thereafter the Dy. Deputy Director General will pass a reasoned order within one month from today. (iii) Having regard to the fact that petitioner was granted licence in question in 2007, the following directions in the impugned communication dated 4 July 2011 shall not be implemented till the Deputy Director General takes a decision on the petitioner's representation and communicates the same to the petitioner. “In view of the above, you are not permitted to mark and dispatch your product for the above variety with Standard Mark with immediate effect. You are therefore advised to ensure stoppage of marking on the above variety with immediate effect.” iv) Petition is accordingly disposed of. - 3 - 5593 Parties to act on an authenticated copy of this order attested by the court Sheristedar. CHIEF JUSTICE GIRISH GODBOLE, J