M/S Mamata Medical And General Stores Throu. Its Prop Madanlal Daulatramji Vyas v. The Assistant Commissioner Food And Drugs Administration And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 14174 OF 2024 M/s Mamata Medical and General Stores Through. Its Prop. Madanlal Daulatramji Vyas

...Petitioner

Vs.

1. The Assistant Commissioner Food and Drugs Administration, Thane

2. The State of Maharashtra Through Hon'ble Minister, Food and Drugs Administration, Mantralaya, Mumbai.

...Respondents

***** None for the Petitioner Ms. Rupali Shinde - AGP for the Respondent-State ***** CORAM :

M. S. KARNIK AND S. M. MODAK, JJ.

DATE :

02nd FEBRUARY 2026 P. C. (PER S. M. MODAK, J.) :- 1.

When the matter was called out, no one was present on behalf of the Petitioner. We have heard learned AGP and gone through the averments made in the petition and the annexures. Digitally signed by SEEMA KSHITIJ YELKAR Date:

2026.02.04 16:52:04 +0530 SEEMA KSHITIJ YELKAR 1/3

2.

The Assistant Commissioner, Food and Drug Administration, Thane, has issued Show cause notice to the Petitioner on 12.04.2024 as to why his license should not be suspended. The Petitioner has given reply on 28.05.2024. However, the Assistant Commissioner, Food and Drug Administration, Thane, was not satisfied with the reply and that is how the license of the Petitioner was suspended as per order dated 28.06.2024.

3.

The Petitioner has challenged the said decision by preferring an appeal before the Hon'ble Health Ministry. He has also sought stay of the order of suspension, but it is his grievance that neither his stay application was decided nor the main appeal. That is how, the present petition has been filed for issuing directions for hearing of the appeal expeditiously.

4.

It is true that it is a legitimate expectation of any litigant that his proceeding will be heard as early as possible. 5.

Hence, we are inclined to request the learned Health Minister, Food and Drugs Administration, Mantralaya, to decide the stay application as early as possible and within four weeks from the communication of this order.

2/3

6.

It is made clear that this direction will come into force only, if such application has not been decided earlier. 7.

We also expect that the appeal will also be decided as early as possible.

8.

With the above observations, the Writ Petition is disposed of. 9.

Pending interim application, if any, also stands disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) 3/3