Created by Fuzzy Cloud

Bombay High Court

M/S HOTEL ALANKAR THR. ITS SOLE PROPRIETORversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY FOOD AND DRUG ADMINISTRATION DETP. AND ORS.

Disposal
Disposed Off

Holding

The suspension of the licence was not justified after the petitioner demonstrated exemplar compliance, and therefore the appellate order was set aside and the licence restored.

Summary

Hotel Alankar, operated by Dipak Arbune, held a valid FSSAI licence that was suspended on 8 July 2026 by the Food Safety Officer under Section 32(3) of the Food Safety Act due to serious non‑compliances, including sale of alcoholic beverages without licence and unsafe cooking oil. The petitioner appealed the suspension, but the appellate authority dismissed the appeal, relying on the original inspection findings. A re‑inspection on 31 July 2026 showed the establishment had rectified most deficiencies and achieved a 97% compliance score, yet the appellate authority maintained the suspension citing continued breach of licence conditions and operation during suspension. The High Court examined whether the continued suspension was justified in light of the improved compliance and held that suspension can only be sustained for public‑health hazards, which were no longer present. Consequently, the Court quashed the appellate order, revoked the suspension, and restored the licence, directing the petitioner to undertake not to sell unlicensed products.

Issues considered

  • Whether the suspension of the FSSAI licence under Section 32(3) of the Food Safety Act remains justified after the petitioner achieved 97% compliance in a re‑inspection.
  • Whether the continued operation of the establishment during suspension warrants continuation of the suspension or merely a penalty under Sections 55 and 63.
  • Whether non‑compliance with licence conditions relating to product categories and technical personnel can justify indefinite suspension despite remedial actions.

Legislation cited

  • Food Safety and Standards Act, 2006 — s. 18, 3(1)(zz)(xi), 32(1), 32(3), 32(4), 55, 63
  • Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 — s. Condition No.3, Condition No.4, Condition No.7, Schedule IV

Subjects

  • Food Safety Act
  • FSSAI licence suspension
  • public health
  • re‑inspection compliance
  • improvement notice
  • Section 32
  • Section 55
  • Section 63
  • Food Safety and Standards Regulations

Judgment

2026:BHC-KOL:8650-DB

                                                                         wp 3806-26 (1).doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                       CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 3806 OF 2026
                                               Along With
                               INTERIM APPLICATION [ST.] NO. 7950 OF 2026
                                                   IN
                                    WRIT PETITION NO. 3806 OF 2026

              1) Hotel Alankar                               ]
                 Through its Sole Proprietor                 ]
                 Dipak Sopanrao Arbune.                      ]
                                                             ]
                 Having Address at MIL. No.33/B,
                                                             ]
                 Shaniwar Peth, Near S.T.Stand,              ]
                 A/p-Karad, Satara – 415110.                   ...Petitioner.
                                                             ]
                       Versus
              1) State of Maharashtra                        ]
                 Through The Principal Secretary,            ]
                 Food and Drug Administration Department.    ]
                                                             ]
              2) The Commissioner,                           ]
                 Food & Drug Administration,                 ]
                 BKC, Mumbai -400051.                        ]
                                                             ]
              3) Assistant Commissioner (Food)               ]
                 and Designated Officer,                     ]
                 Food and Drug Administration (M.S.),        ]
                                                             ]
                 Sadar Bazar, Satara – 415 001.
                                                             ]
              4) I.S. Hawaldar, Food Safety Officer,         ]
                 Food and Drug Administration (M.S.),        ]
                 Satara – 415001.                            ]
                                                             ]
              5) Union of India,                             ]
                 Through the Secretary of Ministry of Health ]
                 and Family Welfare.                         ]
                                                             ]
              6) Food Safety and Standards Authority of ]
                 India, New Delhi.                      ] ...Respondents.




               Patil-SR (ch)                     1 of 17
                                                          wp 3806-26 (1).doc


                               ——————
Mr. Mayur Khandeparkar, Ms. Shubhra Swami, Ms. Meghna Vijan and Ms. Rohini
i/b Abhay Bichakar for the Petitioner.
Ms. T. J. Kapre, AGP for the Respondent-State.
Mr. Rakesh Bhatkar for the Respondent No. 5.
                               ——————
                        Coram : Sharmila U. Deshmukh &
                                Neeraj P. Dhote, JJ.
                       Date    : September 8, 2026.


JUDGMENT : (Per Sharmila U Deshmukh J) :

1.       Rule. Rule made returnable forthwith and with consent taken up

for final disposal.

2.       The challenge which was initially raised in the present petition

was to the order of suspension of license dated 8 th July 2026 issued by

the Respondent No.3–Assistant Commissioner (Food) and Designated

Officer and for revocation of the suspension of Petitioner’s FSSAI

License in light of the 97% compliance recorded in the re-inspection

report dated 31st July 2026.

3.       During the pendency of the petition, the appeal filed by the

Petitioner before the Appellate Authority against the order of

suspension dated 8th July, 2026, came to be dismissed. By the captioned

interim application, the Petitioner has sought leave to amend the

petition to challenge the appellate authority’s order dated 19 th August

2026 along with the suspension order dated 8 th July 2026. Considering

that the proposed amendment seeks to challenge the subsequent order



Patil-SR (ch)                     2 of 17
                                                        wp 3806-26 (1).doc


of dismissal of Appeal, interim application is allowed. Amendment to be

carried out within a period of two weeks from today.

4.       The facts as set out in the petition are that the Petitioner’s

establishment holds a valid license under the Food Safety and Standards

Act, 2006 [for short “the Food Safety Act”], which was issued on 17th

July 2022 and valid upto 16th July 2027.        On 7th July 2026, the

Respondent No.4-Food Safety Officer conducted a surprise inspection

of the establishment of Petitioner and generated an inspection report

recording defects, partial compliances, non compliances and allotted

final score of 75 marks out of 110 marks, constituting 69% with the

remark “non compliance”. During inspection, food samples were drawn,

seized and sealed for testing and analysis. On 8 th July 2026, the

Respondent No.3 passed an order of forthwith suspension of license

granted to the Petitioner’s establishment, exercising powers under

Section 32(3) of the Food Safety Act directing the Petitioner to

forthwith cease and desist from carrying on food business activity.

Being aggrieved, the Petitioner preferred a statutory appeal under

Section 32(4) of the Food Safety Act before the Respondent No.2. It is

pleaded that the captioned Petition is being filed in view of the

subsequent re-inspection of the Petitioner’s establishment carried out

by the Respondent No.3 wherein Petitioner scored 106 out of 110

marks i.e. 97%.


Patil-SR (ch)                    3 of 17
                                                            wp 3806-26 (1).doc


5.       The amended pleading is that the Appellate Authority’s order is

inconsistent with the findings recorded in the re-inspection report

dated 31st July, 2026. The Petitioner had taken steps for applying for

modification of the license, but the online portal is locked by reason of

the suspension of license. The non compliances recorded in the

inspection of 7th July, 2026 were rectified and noted in the subsequent

inspection of 31st July, 2026 warranting revocation of suspension.

6.       In the reply affidavit, it is contended that the Petitioner had not

submitted a response to the improvement notice, before the

subsequent inspection conducted on 7th July, 2026, which disclosed

deficiencies     and   circumstances     requiring   immediate    statutory

intervention in public health. The inspection revealed sale of products

for which license was not obtained, unhygienic conditions on floor of

establishment’s production area, non segregation of storage and frying

machine for vegetarian and non-vegetarian food items, non compliance

with discharge norms, uncovered storage of food items and trash bins.

The Food Analyst’s report in respect of used cooking oil sample has

tested “Unsafe”. Subsequent to the passing of suspension order, during

inspection conducted on 13th July, 2026, the Petitioner’s establishment

was found to be operational. During pendency of appeal, re-inspection

was ordered on 31st July, 2026, when it was noticed that most of the

deficiencies were rectified, however the business operations were


Patil-SR (ch)                      4 of 17
                                                         wp 3806-26 (1).doc


continued which is breach punishable under Section 55 of Food Safety

Act and hence the Appeal came to be dismissed.

7.       Mr. Khandeparkar, learned Counsel appearing for the Petitioner

would submit that the impugned appellate order does not take into

consideration the re-inspection report of 31 st July 2026. He has taken

this Court in detail through the order of appellate authority in order to

contend that though submissions were canvassed as regards the re-

inspection conducted on 31st July 2026, the findings and reasons take

into consideration the suspension order dated 8th July 2026 and there is

no consideration of re-inspection dated 31 st July 2026.      He would

further point out that the observation as regards the Petitioner’s

establishment being operated even during the period of suspension

would invite penalty under Sections 55 and 63 of the Food Safety Act,

and not upholding the order of suspension. He would further point out

that the Hon’ble Division Bench of of this Court (Nagpur Bench) in

Wardha Tahsil Go-Dugdha Utpadak Sahakari Sangh Ltd, Wardha v.

State of Maharashtra1 has considered identical deficiencies, as are

noted in the present case and has held that those deficiencies do not

fall in the category of exceptional circumstances.

8.         Per contra Ms. Tejas Kapre, learned AGP would take this Court

through the affidavit-in-reply filed on behalf of the Respondent Nos.1

1    WP No. 4542 of 2026 dtd 7th July 2026.


Patil-SR (ch)                             5 of 17
                                                            wp 3806-26 (1).doc


to 4.           She would submit that the circumstances leading to the

suspension were serious breaches, as the establishment had earlier

been inspected on 19th July, 2025 and violations of provisions under

Part-2 and Part-5 of Schedule IV of the Food Safety and Standards

(Licensing And Registration of Food Business) Regulations, 2011 had

been noticed and an improvement notice dated 30 th July 2025 had been

issued to the Petitioner, to which there is no response. She would

submit that there was subsequent inspection carried out on 7 th July

2026 which disclosed further deficiencies and therefore suspension was

imposed.          She would point out that during the inspection it was

observed that though the Petitioner’s establishment had obtained

license for sale of ready-to-eat food products, the Petitioner’s

establishment was found selling items such as liquor, cold drinks and

packaged drinking water without the necessary product categories

endorsed on the license, which constitutes serious violation.

9.       She would point out paragraph 19 of the affidavit-in-reply to

demonstrate the deficiencies noted during inspection on 7 th July, 2026.

She submits that the food samples collected in the inspection of 7 th July

2026 were forwarded for analysis to the Food Analyst, which samples

were reported as “unsafe”. She submits that though the license was

suspended,          it was found that the business activity at Petitioner’s

establishment was continued. She would further submit that as there


Patil-SR (ch)                        6 of 17
                                                            wp 3806-26 (1).doc


was persistent breach of directions given by the licensing authority,

which is punishable offence under Section 55 of the Food Safety Act,

the appeal came to be dismissed. She has taken this Court in detail

through the findings of the appellate authority as regards the non

compliance by the Petitioner’s establishment of Condition Nos.3, 4 and

7 of the license.

10.      We have considered the submissions and perused the record.

11.      The validity of the suspension order dated 8 th July, 2026 has been

upheld by the order of the appellate authority. The issue arising for

consideration is whether the continued suspension is justified after the

deficiencies are rectified as noted in the re-verification report of 31 st

July, 2026.

12.      During the inspection carried out on 7th July, 2026, the

Petitioner’s establishment was found to be non compliant on various

aspects as regards design, control of operations, maintenance and

sanitation, personal hygiene and training, and, record keeping. Section

32 of the Food Safety Act, empowers the designated officer to serve an

improvement notice upon failure to comply with the regulations and if

the food operator fails to comply with the improvement notice, the

license may be suspended.

13.      The reply Affidavit pleads about the improvement notice dated

30th July, 2025 issued to the Petitioner. Section 32(1) of the Food Safety


Patil-SR (ch)                      7 of 17
                                                                 wp 3806-26 (1).doc


Act provides for improvement notice to be issued on failure to comply

with any regulations specifying the measures to be taken to secure

compliance. Upon non compliance, the food business operator’s license

may be suspended. Sub-Section (3) of Section 32 of the Food Safety Act

provides that if the food business operator still fails to comply with the

improvement notice, the designated officer may, after giving the

licensee an opportunity to show cause, cancel the license granted to

him. The proviso to Sub-Section (3) of Section 32 of the Food Safety Act

empowers the designated officer to suspend the license forthwith in

the interest of public health for reasons to be recorded in writing.

14.         In the present case, the suspension order dated 8 th July, 2026 was

passed in exercise of powers under the proviso to Section 32(3) of Food

Safety Act i.e. in interest of public health, listing the following as

detrimental to public health:

      (a)       Sale of alcohol and other beverages without license resulting in
                violation of license Condition No 3.
      (b)       Common frying machine and common storage for vegetarian
                and non vegetarian food items.
      (c)       Black cooking oil after usage being discharged in drainage.



15.         Considering the basis of suspension order, if the auto generated

inspection report dated 7th July, 2026 is perused, it lists partial

compliance in so far as suitability of cooking oil is concerned, non



Patil-SR (ch)                           8 of 17
                                                                       wp 3806-26 (1).doc


compliance of proper segregation of raw, cooked vegetarian and non

vegetarian food and other non compliances. The re-inspection report

dated 31st July, 2026 shows compliance report of 97% with the

continued non compliances in respect of the following:



Sr.      KOB                     Parameters                    Inspection     Max Score
No.      name                                                                Score obtain
                                                                                    ed.

7.    General    Food establishment has an updated FSSAI          Partial-     2     1
      catering   license and is displayed at a prominent compliance
                 location
8.    General    Food material tested either through internal     Partial-     2     1
      catering   laboratory or through an accredited lab, check Compliance
                 for records.
9. ---           ----
10. General      Potable water (meeting standards of IS:10500     Partial      4     2
    Catering     &    tested    semi-annually  with     records compliance
                 maintained thereof) is used as product
                 ingredient or I contact with food or food
                 contact surface.




16.      The report of 31st July, 2026 indicates that there was compliance

of the parameters under the heading “Control and Operation”,

“Maintenance and Sanitation”, “Personal Hygiene” and “Training &

Record keeping”. Mr. Khandeparkar, learned Counsel appearing for the

Petitioner has handed over the revised food safety inspection check-list

and the marking and grading system. The grading has been divided into

4 Grades, which is as under :




Patil-SR (ch)                           9 of 17
                                                            wp 3806-26 (1).doc


             Grade                 Status              Marks required.
               A+           Compliance - Exemplar       90% & above.
               A           Compliance - Satisfactory     80% - 89%
               B             Needs improvement           50% - 79%
            No Grade          Non compliance             Below 50%


17.      As the Respondents themselves have awarded 97% marks to the

Petitioner’s establishment, the compliance, as per the Respondent’s

own grading is “exemplar”. The license has been suspended on 8 th July,

2026. The partial compliances as regards testing of food material and

use of potable water can be assessed only if the establishment is

permitted to continue its operation.

18.      The impugned appellate order records the submission of the

Respondents as regards the re-verification being conducted on 31 st July,

2026 and that great majority of deficiencies were rectified. It was

submitted that the re-verification reflects a total score of 106 out of

110, yet records as “non-compliance.” It was submitted that there was

non compliance of Condition No.3 i.e. sale of chilled and alcoholic

beverages without corresponding food product category being

registered in the license and operation of establishment during period

of suspension.

19.       The appellate authority considered the provisions of Section 3(1)

(zz)(xi) of the Food Safety Act and that the food samples which were

drawn after the inspection of 7th July 2026 were analysed by the food


Patil-SR (ch)                     10 of 17
                                                            wp 3806-26 (1).doc


analyst, which showed that the used cooking oil is beyond the excess

ceiling fixed by the prescribed regulations. It further considered license

condition No.7 and Schedule 4 standard and that Schedule 4 standard

was not known to the establishment, non employment of technical

person, violation of license Condition No.3 and operation during period

of suspension.

20.      The reason for continued suspension is       based on finding of

violation of License Condition No.3 (intimation of change in activities)

and License Condition No.7 (sanitary and hygienic standards under

Schedule-4) of Conditions of License, Regulation 2.1.14 of the Foods

Safety and Standards (Licensing and Registration of Food Businesses)

Regulation, 2011, and unsafe finding of cooking oil in use.

21.      It is surprising that having allotted 97% percentage certifying the

compliance as “exemplar”, the appellate authority has continued the

suspension.      The appellate authority’s order does not disclose any

consideration of the re-verification report of 31 st July, 2026. The

determination of continued suspension should have factored in the

compliances which have been noted in the re-inspection report. The

suitability of cooking oil, which was found to be of partial compliance in

the report of 7th July, 2026, has been found to be compliant in the re-

inspection report of 31st July, 2026. The analysis of the used cooking oil

resulted in the same being found unsafe. The cooking oil was used


Patil-SR (ch)                     11 of 17
                                                             wp 3806-26 (1).doc


when the establishment was in operation, however, what was required

to be ascertained is whether the non compliance of unsuitability of

cooking oil continues after the suspension is revoked, for which

opportunity is required to be given to the establishment. There cannot

be continued suspension of license on that ground and it is not a case,

where the Respondents have initiated proceedings for cancellation of

license.

22.      The statutory scheme of Section 32 of the Food Safety Act enjoins

issuance of improvement notice for non compliance of any regulations

and, upon failure, to suspend the license.            The continued non

compliance may be met with a show-cause notice and thereafter

cancellation of license. It is only in case of harm to public health that the

license may be suspended forthwith. The re-verification was conducted

at the directions of the Commissioner of Food Safety. The purpose is to

verify the compliances set out in the inspection report leading to

suspension. The non consideration of the re-verification report makes

the whole exercise of re-verification futile. The continued suspension, if

any, can be ordered only on consideration of the re-verification report

and on finding of continued non compliance.

23.      In so far as violation of Condition Nos.3, 4 and 7 are concerned,

the same reads as under:




Patil-SR (ch)                    12 of 17
                                                                       wp 3806-26 (1).doc


         “3.      Inform authorities about any change or modifications in
         activities.”

         “4.     Employ at least one technical person to supervise the
         production process. The person supervising the production process
         shall possess at least a degree in science with Chemistry/Bio-
         Chemistry / Food and Nutrition / Microbiology or a degree or
         diploma in food technology / dairy technology / Dairy Microbiology /
         Dairy Chemistry / Dairy Engineering / Oil Technology / Veterinary
         science / Hotel management and catering technology or any degree
         or diploma in any other discipline related to the specific
         requirement of the business from a recognised university or
         institute or equivalent.”

         “7.    Maintain Factory’s sanitary and hygienic standards and
         workers hygiene as specified in the Schedule-4 according to the
         category of food business.”



24.      The finding of the appellate authority as regards Condition No 7 is

concerned is as under:

                “5.3. License Condition No 7 and the Schedule 4 Standards:
                License Condition No.7 of the Conditions of License requires
                the establishment to maintain its sanitary and hygienic
                standards and workers hygiene as specified in Schedule 4,
                according to the category of food business, an obligation that
                is basic and continuing for an operating food service
                establishment. This gap is corroborated by the proceeding
                before this Authority on 04.08.2026 which record that
                Schedule IV was found to be “not known” to the establishment.
                An establishment whose own proprietor is unaware of
                Schedule 4 standards applicable to its business cannot be said
                to have demonstrated the sustained capacity for compliance
                that continuance of its license presupposes, irrespective of the
                marks scored on individual line items of the re-verification
                checklist.”



25.      The finding indicates that based on the proprietor’s viva voce, the

re-verification report of 31st July, 2026 has been disregarded, which is a

course unknown to law. It is the establishment which is required to be



Patil-SR (ch)                           13 of 17
                                                            wp 3806-26 (1).doc


compliant with the Schedule-IV and was so found in the re-verification

on 31st July, 2026 and not the proprietor’s knowledge on the

enactment.

26.      Insofar as Condition No.4 as regards the employment of technical

person is concerned, in the case of Wardha Tahsil Go-Dugdha Utpadak

Sahakari Sangh Ltd, Wardha v. State of Maharashtra (supra), before

the Nagpur Bench of this Court, the violation of licensing condition was

part of the contravention alleged in that case including identical

condition of employment of technical person. Noting the provisions of

Section 18 of the Food Safety Act, the Court held that the risk

management may relate to implementation of policies, control and

active monitoring to mitigate, identify the risk and to prepare

actionable mitigating balance and safety protocols to minimize control

and eliminate those threats etc. It held that in that case the only

reasonable ground to suspect that the food may present a risk to the

human life was buttermilk because of use of industrial ice in the same

and as far as other deficiencies were concerned, they do not fall in the

category of exceptional circumstances.

27.      The Hon’ble Division Bench did not consider the other deficiencies

to constitute harm to public health for invocation of Section 32(3) of

Food Safety Act, which will also apply in the present case.




Patil-SR (ch)                     14 of 17
                                                          wp 3806-26 (1).doc


28.      Coming to violation of license condition No.3, the same requires

the establishment to inform the licensing authorities about any change

in its activities being the very condition that founded the original

suspension order in respect of chilled and alcoholic beverages. It is

difficult to accept that the sale of food product categories not covered

by the license, by itself, would constitute harm to public health. It is

pleaded that due to suspension, the online portal is locked and

Petitioner cannot apply for modification of license. It is for this reason

that the re-inspection report shows non compliance of updated FSSAI

license. In any event, Section 63 of Food Safety Act prescribes penalty

for carrying on business without license. It was open for the concerned

authority to pass an order of penalty for such violation, however, the

continued suspension is unwarranted.

29.      The appellate order would indicate that one of the reasons for

continued suspension was the operation of Petitioner’s establishment

during the period of suspension. Sections 55 of the Food Safety Act

provide for penalty for failure to comply with the directions of the Food

Safety Officer and for carrying out business without license providing

for penalty of fine and not continued suspension. The reply Affidavit of

Respondents itself refers to Section 55 and 63 of Food Safety Act, and

instead of invoking the relevant provisions, have continued with the

suspension.


Patil-SR (ch)                    15 of 17
                                                           wp 3806-26 (1).doc


30.      The object of suspension of license as mandated by the proviso to

Sub-Section (3) of Section 32 of the Food Safety Act is to protect the

public health. The suspension of license for non compliances, which

have the propensity to harm public health, cannot be continued

infinitely. The consequence of compliance of the deficiencies should, in

our view, result in revocation of the suspension of license and continued

monitoring as mandated by law to ensure statutory compliances. The

establishment cannot be put under suspension even after obtaining

“exemplar” compliance. The suspension order has been continued by

appellate authority on grounds which are unsustainable in so far as

harm to public health is concerned.

31.      In event there was continued operation of the establishment

during the period of suspension, it is open for the concerned authority

to adopt proceedings for imposition of penalty, as per Sections 55 and

63 of Food Safety Act. It is open for the Respondents to monitor the

compliances and take necessary steps in accordance with law, in the

event, future non compliances are noted. As the Petitioner was found

to be carrying out sale of food products which are not endorsed on the

license, the Petitioner through its proprietor is directed to file an

undertaking in this Court within a period of seven days that the food

products, which are not endorsed on the license will not be sold.




Patil-SR (ch)                    16 of 17
                                                           wp 3806-26 (1).doc


32.      In light of the discussion above, the impugned order of appellate

authority dated 19th August, 2026 is quashed and set aside. The

suspension order dated 8th July, 2026 is revoked and the license is

restored. The Petition succeeds. Rule is made absolute in above terms.

33.      Interim application stands disposed of.



 [Neeraj P. Dhote, J.]                       [Sharmila U. Deshmukh, J.]




Patil-SR (ch)                     17 of 17


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.