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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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