Nagpur: Coming to the rescue of Wardha’s famous Goras Bhandar, Nagpur bench of the Bombay high court on Tuesday quashed the Maharashtra Food and Drug Administration’s (FDA) orders sealing its premises and suspending its food licence.Holding that the FDA’s both actions were taken without following mandatory provisions of law, a division bench comprising Justices Anil Kilor and Raj Wakode allowed a petition filed by Gau Dugdha Utpadak Sahakari Sangh Ltd, which challenged the FDA’s action following a surprise inspection conducted on May 31, 2026.The judgement clears the way for the popular dairy to resume operations, subject to compliance with food safety requirements and any fresh action initiated in accordance with the Food Safety and Standards Act, 2006.The inspection was carried out on the directions of FDA Commissioner Tukaram Mundhe. During the visit, officials reported unhygienic conditions at the establishment and ordered the premises to be sealed. The following day, June 1, the Assistant Commissioner (Food), Wardha, suspended the dairy’s licence based on the inspection report.Before the HC, the state through counsel NS Rao argued that the petitioner had an alternative statutory remedy and therefore, the plea should not be entertained.The petitioner, represented by senior counsel Firdos Mirza and SK Bhoyar, contended the food safety officer had no statutory authority to seal the establishment. They further argued the licence was suspended without issuing a show-cause notice, an improvement notice or granting the dairy an opportunity to be heard, thereby violating the principles of natural justice and the mandatory provisions of the Food Safety Act.Accepting the petitioner’s submissions, bench observed the Food Safety Officer’s order of May 31, directing complete closure of the establishment, was passed “without any statutory authority.”The judges further held the Assistant Commissioner (Food), Wardha, while suspending the licence on June 1, failed to comply with the mandatory requirements of Section 32(3) of the Food Safety and Standards Act, 2006.Finding both actions legally unsustainable, HC set aside the sealing order as well as the licence suspension.At the same time, the court clarified its ruling did not prevent FDA from taking lawful action regarding deficiencies specifically noticed in the production of buttermilk during the inspection.The bench observed FDA was free to issue an improvement notice in accordance with law and if considered necessary, impose restrictions limited to manufacture or sale of buttermilk. The inspection team had found non-potable ice was being used during food processing. It emphasised any action must strictly adhere to procedure prescribed under the statute.
