The Bombay Excessive Court docket got here down closely on Maharashtra’s Meals & Drug Administration (FDA) on Saturday for passing “mechanical orders” to retain the suspension of licenses of 5 eateries working on the premises of the Mumbai Cricket Affiliation (MCA) within the metropolis, regardless of an earlier course of the Court docket to rethink the problem and move a reasoned order.
Notably, the Excessive Court docket had final week ordered the FDA to re-inspect the premises and take a contemporary resolution over the suspension of licences of the 5 eateries – Allow Room, Oriental Swing, Clubway & Pastry Counter, Mediterranean and Pavilion, all working within the Sharad Pawar Indoor Cricket Academy and Leisure Centre on the plush BKC space in Mumbai.
Nonetheless, on Saturday, a division bench of Performing Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was irked to notice {that a} mechanical order was handed by the Assistant Commissioner of FDA, who retained the suspension of the licences.
The judges got here down closely on the authority for “not making use of its thoughts” and passing orders in a pedantic method.
“Why did he (Officer) not apply his thoughts? We requested you to take a practical view and never a pedantic view… You had been requested to think about the provisions, take a look at the privity of the contract after which resolve… However your order signifies that you simply appear to have some downside with the orders of this Court docket. Why cannot you obey our orders? Why should not we provoke contempt proceedings in opposition to the Assistant Commissioner?” ACJ Ghuge remarked.
The judges identified that in the course of the listening to of comparable issues, the FDA was requested “to not use a sword to kill a mosquito” as a result of the authority has been in “haste” whereas passing orders.
“Why this haste? You don’t learn our orders, you don’t learn the legislation. However you shoot that too in a haste. You assume you’re a lord and might do something… We advised earlier additionally, do not kill a mosquito with a sword… We wished you to measure your actions…” ACJ Ghuge noticed.
Additional, the judges made it clear that no authority, can move mechanical orders with out prescribing any causes for a similar.
“Once we hear issues, we don’t move orders saying heard this aspect advocate and heard the Authorities and that is our opinion. We give causes, proper?. If giving causes applies to the Excessive Court docket judges, then it actually applies to FDA Assistant Commissioner,” ACJ Ghuge stated.
The decide due to this fact, warned to provoke contempt of court docket proceedings in opposition to the stated Assistant Commissioner of FDA.
At this, Further Authorities Pleader Priyabhushan Kakade representing FDA urged the bench to not provoke contempt proceedings and sought time to seek the advice of the involved officers within the matter.
The matter was then once more heard after a while, whereby Kakade knowledgeable the bench that the FDA has now determined to revive the suspended licences.
The bench accepted the assertion and disposed of the plea.
Case Title: Mumbai Cricket Affiliation vs Maharashtra FDA [Writ Petition (L) 29313 of 2026]
