petitioner's member produce “natural milk” which would stop

[yogesh saxena]

Chief Justice's Court
Civil Misc. Writ Petition No.62161 of 2009
Khoya Paneer Cream Milk Vikreta Welfare Society
through its Secretary
Versus
Union of India and others
Hon'ble C.K. Prasad, C.J.
Hon'ble Pankaj Mithal, J.
In this writ application, petitioner has prayed for the following reliefs :
“i. Issue a writ, order or direction in the nature of
mandamus declaring the provision of Prevention of the Food and
Adulteration Act, 1954 on account of permitting the use of
Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk,
Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen,
as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5
Prevention of the Food and Adulteration Rules, 1955, in context of the
definition of the Milk under A.11.01.01 and the provisions of Rule 44
of Prevention of the Food and Adulteration Rules, 1955, as ultra vires
to the article 14, 19, 21, 38, 39 and 41 as well as article 51-A of the
petitioner's farmers rights in our constitution and is there obsolete,
redundant and non-existent to the implications on account of the
whole sale and production of the skimmed, condensed milk powder
within the definition of the adulterated milk for the consumption of
the citizens.
ii. Issue a writ, order or direction in the nature of mandamus the
adequate guide lines to the respondents for dealing with the menace of
the synthetic milk and discourage the use of skimmed milk powder for
the production of the milk products. There must be the check and
balance upon the indiscriminate use of the skimmed powder milk as it
may be disproportionate to the consumption and thereby providing a
complete abrogation and subjugation to the production of the natural
milk in the market otherwise the same may be classified as irrational
classification which is prohibited under Article 14, 19 and 21 of the
Constitution of India. The same is prohibited under the directive
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principles of the State Policy and as such this Hon'ble Court may
tear the veil behind such discrimination between the poor farmer
and a multinational company.
iii. Issue a writ, order or direction in the nature of mandamus
declare the provision Permitting the sale of skimmed milk powder
and the condense milk as violative of the provision of natural milk
in The Prevention of Adulteration Act, 1954 as unconstitutional and
ultra vires to the constitution of India as the said provisions are
redundant, obsolete and based on irrational classification on
account of the fact that now the industry of the milk product have
been commercialized by the use of schemed and condensed milk
sold to the public by the multinational companies and thereby
resulting into demoralization to the people indulged into business of
the animal husbandry.
iv. Issue a writ, order or direction in the nature of mandamus
direction as to prevent the violation of the provisions of The
Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972,
The Environmental (Protection) Act, 1986, Water (Prevention And
Control of Pollution) Act, 1974 and Municipal Law meant for the
protection of the society from obnoxious biodegradable substance
like Caracas and Sewerage problem due to ruthless killing of the
animals by the butchers in discriminatory resulting in contravention
to the provisions of sections 428 and 429 of Indian Penal Code or to
issue any other suitable order or direction which this Hon'ble Court
may deem fit and proper in the circumstances of the case.
We have heard Mr. Yogesh Kumar Saxena, learned counsel for the
petitioner at a great length. He has also referred to a large number of
decisions of the Supreme Court. He also insists that reason be recorded and
every judgment on which reliance is placed, be discussed.
We are of the opinion that the relief sought for in the present
application is not fit to be granted. In sum and substance, petitioner's
attempt is to ban production of various kinds of Milk i.e. toned, skimmed
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etc. so that petitioner's member produce “natural milk” which would stop
killing of animals.
We are of the opinion that in the light of the relief sought for, no
detailed reason is required to be given. We wonder, how, in exercise of the
power of judicial review, we can stop the production of milk of the kind
enumerated above, in the absence of law.
We are of the opinion that writ petition is absolutely frivolous and is
accordingly dismissed with cost of Rs.10,000/- to be paid by the petitioner
to the Allahabad High Court Mediation and Conciliation Centre, High
Court, Allahabad. Petitioner shall deposit this amount within four weeks
from today and in case it is not done, the District Magistrate, Bareilly shall
recover the said amount as arrears of land revenue and deposit the same in
the aforesaid account.
Order Date :- 24.11.2009
VMA
(C.K. Prasad, C.J.)
(Pankaj Mithal, J.)

Y . K. Saxena , Advocate High Court, Allahabad

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