Bombay High Court
HIGHWAY BREAK THR ITS PROP. MUDASSIR PATELversusSTATE OF MAHARASHTRA THR PRIN. SEC. UNDER THE FOOD,.... AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The suspension order of the petitioner’s food business licence is revoked.
Summary
The petitioner challenged the suspension of its food business licence issued by the Designated Officer cum Assistant Commissioner (Food) and affirmed by the Food Safety Commissioner. The petitioner argued that it had complied with all deficiencies identified during a re‑inspection conducted on 30 September 2026, achieving a perfect compliance score of 76 out of 76. The Court considered the inspection report and the petitioner’s full compliance, finding no basis to maintain the suspension. Consequently, the Court revoked the order of suspension dated 21 January 2026 and the appellate order of 24 August 2026. The Respondents were directed to issue the necessary consequential orders by 3 October 2026, and the writ petition was disposed.
Issues considered
- What is the effect of a re‑inspection report showing full compliance on a previously ordered suspension of a food licence?
- Whether the suspension order dated 21 January 2026 and affirmed on 24 August 2026 can be upheld in view of the petitioner’s compliance.
Legislation cited
Subjects
- Food Safety
- Licence Suspension
- Compliance Inspection
- Writ Petition
- High Court
- Revocation
Judgment
903-WP-12081-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12081 OF 2026
Highway Break ..Petitioner
Versus
State of Maharashtra & Anr. …Respondents
Mr. G S Godbole, Senior Advocate, a/w Mr. Sumit Kothari, for
the Petitioner.
Mr. P P Kakade, Addl. G P, a/w Mr. P G Sawant, AGP for
Respondent No.1 - State.
CORAM : N. J. JAMADAR, J.
DATE : 01st OCTOBER 2026
SAINATH
SANJAY
P.C.:
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.10.01
21:09:36 +0530 1. Heard the learned Counsel for the parties.
2. The challenge in this petition is to an order dated 24 th
August, 2026 passed by the Food Safety Commissioner cum
Appellate Authority, Maharashtra State, whereby the Appeal
bearing No. 21/2026, preferred by the petitioner against an
order dated 21st January, 2026 passed by the Designated Officer
cum Assistant Commissioner (Food), thereby suspending the
licence of the petitioner’s establishment under the provisions of
Food Safety and Standards Act, 2006 and Food Safety and
Standards (Licensing and Registration of Food Businesses)
SAINATH, PA 1/2
903-WP-12081-2026.DOC
Regulations, 2011, came to be dismissed by affirming the said
order.
3. On the basis of the statements made on behalf of the
parties, by an order dated 28th September, 2026, the petitioner –
establishment was directed to be inspected by the Officers of
Respondent No.2.
4. Mr. Kakade, the learned Addl. G.P., on instructions,
submits that an inspection was carried out on 30 th September,
2026 and it transpired that, all the deficiencies were fully
complied with, by the petitioner. In the re-inspection, the
petitioner – establishment has obtained 76 out of 76 marks and
the compliance ratio was 100%.
5. In view of the aforesaid submissions and the report which
is tendered for the perusal of the Court, the impugned order as
well as the order dated 21 st January, 2026, suspending the food
business licence of the petitioner, stand revoked.
6. The Respondents shall pass the necessary consequential
orders by 03rd October, 2026.
7. With the aforesaid directions, the Writ Petition stands
disposed.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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