The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.27998 of 2011 Date: 13.10.2011 Between: Varikallu Swarna ..... Petitioner AND 1.Food Safety and Standards Authority of India, rep. by its Chair Person, FDA Bhavan, Kotala Road, New Delhi - 110002 and 3 others. .....Respondents Counsel for the Petitioner: Sri S.Syam Sunder Rao Counsel for respondent No.1,2 & 4: ----- Counsel for respondent No.3: Sri S.Nageswara Reddy SC for Municipalities ----- The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside notice, dated 05-10-2011, issued by respondent No.3, whereby he has directed the petitioner to produce the Certificates of Bureau of Indian Standards (for short ‘BIS’), Micro-Biologist and Chemist in respect of M/s. Stream Aqua Minerals Packaged Drinking Water within 24 hours. The petitioner has also questioned the action of respondent No.3 in closing the said water plant on 11-10-2011. The petitioner has established the aforesaid packaged drinking water plant and she has pleaded that she has applied for BIS Certificate, which is yet to be given. In anticipation of the same, the petitioner has started running the said packaged drinking water plant. Respondent No.3 has, therefore, issued the impugned notice. As the petitioner failed to produce the BIS Certification and the Certificates of Micro-Biologist and Chemist, the said water plant was sealed by respondent No.3. At the hearing, the learned Counsel for the petitioner stated that the petitioner’s application for grant of BIS Certificate is under process and that it may take about two months time for obtaining the Certificate. The learned Counsel further stated that respondent No.3 has highhandedly seized the plant in question. Under the Food Safety and Standards Act, 2006, and the Rules made thereunder, no packaged drinking water can be manufactured or sold without BIS certification. On the petitioner’s own showing, her application is still pending with the BIS. Therefore, the petitioner is not entitled to run the packaged drinking water unit until she obtains BIS certification. In this view of the matter, the impugned notice and the action, following the said notice, taken by respondent No.3 cannot be found fault with. However, the petitioner is entitled to produce the BIS Certificate and the Certificates of Micro-Biologist and Chemist, after obtaining the same, before respondent No.3, upon which the latter shall permit the petitioner to run the packaged drinking water plant. Respondent No.3 shall also permit inspection of the said water plant by the officials of BIS in connection with the petitioner’s application for grant of BIS Certificate. The Writ Petition is, accordingly, dismissed, subject to the directions given above. As a sequel to dismissal of the Writ Petition, WPMP.No.34523 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 13th October, 2011 LUR