Bombay High Court
ASHISH LIFE SCIENCE PVT LTDversusSTATE OF MAHARASHTRA THR THE MINISTRY OF FOOD AND DRUG ADMINISTITOPM AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court dismissed the writ petition as the statutory appeal under Rule 85(3) had already been decided, leaving no jurisdiction to entertain the challenge.
Summary
The petitioner, Ashish Life Science Pvt. Ltd., filed a writ petition before the Bombay High Court seeking the quashing of a cancellation order dated 1 July 2026 issued by the Joint Commissioner (Konkan Division) under the Food & Drug Administration, and also sought revocation of a show‑cause notice dated 4 June 2026 issued under Rule 85(2) of the Drugs and Cosmetics Rules, 1945. The petitioner also requested a mandamus directing the State to dispose of a pending appeal within a stipulated time. The court noted that the statutory appeal under Rule 85(3) of the Drugs and Cosmetics Rules, 1945, filed by the petitioner against the cancellation order had already been decided. Consequently, the court held that there was no ground to entertain the writ petition further. The petition was therefore disposed of, with the court indicating that the petitioner could initiate fresh proceedings if appropriate.
Issues considered
- Whether the High Court can entertain a writ petition challenging a cancellation order when the statutory appeal under Rule 85(3) has already been decided
- Whether the show‑cause notice issued under Rule 85(2) can be revoked by a writ of certiorari
Legislation cited
- Drugs and Cosmetics Rules, 1945 — s. 85(2), 85(3)
Subjects
- writ of certiorari
- mandamus
- cancellation order
- show cause notice
- Drugs and Cosmetics Rules
- statutory appeal
- high court
Judgment
902-WP-12909-2026.odt
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI
MAHENDRA
WARGAONKAR
WARGAONKAR Date:
2026.10.03
WRIT PETITION NO. 12909 OF 2026
11:15:42
+0530
Ashish Life Science Pvt. Ltd. ...Petitioner
Versus
State Of Maharashtra
Thr The Ministry Of Food And
Drug Administration And Ors. ...Respondents
...
Mr. Mayur Khandeparkar a/w Ms. Shubhra Swami, Mr. Sagar
Shetty, Ms. Meghna Vijan i/b. Sagar Shetty for the Petitioner.
Mr. P.P. Kakade, Addl. GP a/w Mrs. P.J. Gavhane, AGP for the
Respondent Nos.1 to 4 - State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 1st OCTOBER, 2026.
P.C.:
1. We have heard the learned counsel for the parties.
2. This instant Petition is filed praying for the following
substantive reliefs:-
“a) Issue a Writ of Certiorari or any other appropriate writ, order,
or direction in the nature thereof, calling for the records and
proceedings pertaining to Cancellation Order dated
01/07/2026 issued by Respondent No.3 - the Office of Joint
Commissioner (Konkan Division), Food & Drug Administration
(Maharashtra State), and after examining the legality, validity,
and propriety thereof, be pleased to qu and set aside the said
impugned Cancellation Order.
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902-WP-12909-2026.odt
b) Issue a Writ of Certiorari or any other appropriate writ, order,
or direction in the nature thereof, directing the Respondents to
forthwith revoke Show Cause Notice dated 04/06/2026
bearing No. SCN/60-2026/Pal.03 under Rule 85(2) of the
Drugs and Cosmetics Rules, 1945.
c) In the alternative, issue Writ of Mandamus or any other
appropriate writ, order, or direction in nature thereof, directing
Respondent No.1 to dispose of the Appeal pending before
Respondent No.1 in a time bound manner, before
01/10/2026.”
3. At the outset, Mr. Mayur Khandeparkar, the learned counsel
for the Petitioner states that the statutory Appeal under Rule 85(3)
of the Drugs and Cosmetics Rules, 1945 filed by Petitioner against
the Impugned Order dated 1st July 2026 passed by the Respondent
No.3 - Joint Commissioner (Kokan Division) and Licensing
Authority (Food & Drug Administrative (M.S.) Thane, has been
already decided.
4. In view of these facts and circumstances, we are not inclined
to proceed further in this proceeding.
5. Considering the above, the Petitioner is at liberty to institute
fresh proceedings in accordance with law, if so advised.
6. The Writ Petition is Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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