Bombay HC Stays FDA Action Against Milk Vendors, Cites Violation Of Due Process
The Bombay High Court stayed the FDA's suspension of licences issued to milk suppliers and vendors in Chhatrapati Sambhajinagar, holding that the authority had not followed the procedure under the Food Safety and Standards Act. The court said an improvement notice and opportunity of hearing were required before such action.
Bombay High Court stayed the FDA's suspension of milk vendors' licences, observing that mandatory legal procedures were not followed | File Photo
Mumbai, July 27, 2026: The Bombay High Court has granted an interim stay on the Food and Drug Administration's (FDA) decision to suspend the licences of several milk suppliers and vendors in Chhatrapati Sambhajinagar, observing that due process of law was not followed.
The Aurangabad Bench held that the law mandates an improvement notice and an opportunity for a hearing before such drastic action is taken.
Justice S.G. Chapalgaonkar passed the order last week in separate petitions filed by the aggrieved suppliers and vendors.
Court Questions Procedure
The FDA had suspended the petitioners' licences earlier this month for alleged violations of the Food Safety and Standards Act.
The petitioners contended that only minor deficiencies had been found and that, under the law, an improvement notice ought to have been issued before any decision to suspend their licences.
The Bench observed that, in most cases, the deficiencies noted during FDA inspections were not serious enough to warrant the closure of milk processing units or the abrupt suspension of licences.
Interim Relief Granted
Issuing notice to the FDA, the High Court granted an interim stay on the suspension orders.
"This Court, prima facie, finds that action under the impugned order is 'dehors' (beyond the scope of) the requisite procedure under Section 32 of the Food Safety and Standards Act (which mandates an improvement notice)," the Bench said.
Arguments Before The Court
Appearing for the petitioners, Advocate Rahul Karpe argued that a show-cause notice and an opportunity for a hearing should have been given before the licences were suspended.
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The government contended that the FDA officer had the power to suspend a licence without prior notice.
The Bench, however, observed that it found no exigency warranting such drastic action without first issuing an improvement notice or providing the petitioners with an opportunity for a hearing.
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