Bombay High Court

M/S. LALIT MEDICALS AND GENERICS THR. ITS PROPRIETOR LALIT A. KESWANIversusTHE STATE OF MAHARASHTRA THR. HONOURABLE MINISTER AND ORS

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The writ petition is not maintainable and must be stayed pending the decision of the statutory appeal.

Summary

M/s Lalit Medicals & Generics filed a writ petition challenging an order of the State of Maharashtra. The State, through its B‑Panel counsel, informed the court that the petitioner had already filed a statutory appeal, which would be decided by the Minister of Food, Drugs and Civil Supplies within two weeks. The court held that, since the statutory remedy had been invoked, the writ petition could not be entertained at this stage. Consequently, the petition was disposed of, with a direction to the State Government to decide the appeal within the stipulated period. No substantive merits of the original order were addressed.

Issues considered

Whether a writ petition is maintainable when the petitioner has already invoked the statutory appeal remedy under the relevant food and drug legislation.

Subjects

writ petition
statutory appeal
Food Drugs and Civil Supplies
administrative law
jurisdiction
stay of proceedings

Judgment

                                                                        910 WP-12793-26.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 12793 OF 2026


                   M/s. Lalit Medicals & Generics                         ...Petitioner

                           Versus

                   The State of Maharashtra & ors.                   …Respondents


                   Mr. Rahul More, for the Petitioner.

                   Mr. Y S Khochare, ‘B’ Panel Counsel for State.

                   Mr. Sanjay M. Rathod, Assistant Commissioner, FDA Pune,
                        Zone – 4.


                                              CORAM :       N. J. JAMADAR, J.
                                              DATE    :     07th OCTOBER 2026
SAINATH
SANJAY
BODKHE
Digitally signed
                   P.C.:
by SAINATH
SANJAY BODKHE
Date: 2026.10.07
20:33:03 +0530



                   1.      Heard the learned Counsel for the parties.

                   2.      Mr. Khochare, the learned ‘B’ Panel Counsel for the State,

                   on written instructions, submits that the appeal preferred by

                   the petitioner against the order impugned in this petition, filed

                   on 10th September, 2026, would be decided by the the Minister,

                   Food, Drugs and Civil Supplies, within a period of two weeks

                   from today.




                   SAINATH, PA                        1/2
                                                    910 WP-12793-26.DOC

3.      In view of the aforesaid statement and as the petitioner

has already invoked the statutory remedy of appeal, there is no

propriety in entertaining this petition, at this stage.

4.      The Writ Petition stands disposed with a direction to the

State Government to decide the appeal preferred by the

petitioner within a period of two weeks without fail.



                                         [N. J. JAMADAR, J.]




SAINATH, PA                        2/2

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