M/S. Health Plus Medical And General Store v. State Government Of Maharashtra, Food And Drug Administration Dept. And ANR

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.02.07 19:53:35 +0530 910-WP 1393-25.DOC PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1393 OF 2025 M/s. Health Plus Medical and General Store

...Petitioner

Vs.

State Government of Maharashtra & Anr.

...Respondents

_________ Mr. R. C. Mishra i/b. Tripathi & Associates for the Petitioner. Mr. Ketan Joshi, 'B' Panel Advocate for State/Respondent Nos.1 & 2. __________

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

06 FEBRUARY 2025 P.C.

1.

We have heard learned counsel for the petitioner. 2.

This petition under Article 226 of the Constitution of India challenges an order dated 23 October 2024 passed by the Assistant Commissioner (Circle-7) & Licensing Authority, Food and Drug Administration, whereby the petitioner's licence granted under the provisions of Drugs and Cosmetics Act, 1940 (for short, "the Act") which was valid upto 22 August 2026 has been permanently cancelled. The petitioner has already filed an appeal on 13 January 2025 before the appellate authority/State Government as per the provisions of the Act. The said appeal is pending and is yet to be heard. 06 February 2025

910-WP 1393-25.DOC 3.

Learned counsel for the petitioner contends that a serious prejudice would be caused to the petitioner, if the petitioner's appeal is not decided expeditiously.

4.

In this view of the matter, without delving on the merits of the rival contentions of the parties, we direct the appellate authority/State Government to decide the petitioner's appeal as expeditiously as possible and in any event within a period of two months from today. 5.

All contentions of the parties are expressly kept open. 6.

Disposed of. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 06 February 2025