Back
2025 Supreme(Online)(TEL) 1011
HIGH COURT OF TELANGANA
K. LAKSHMAN, J
Toufiq Shareef – Appellant
Versus
The State of Telangana – Respondent
WP/33734/2024
The court emphasized that a food business operator must appeal against a suspension order under the Food Safety and Standards Act, 2006, and that writ petitions are not maintainable when alternative remedies exist.
Headnote:(A) Food Safety and Standards Act, 2006 - Sections 32(4)(c) and 32(3) - GHMC Act, 1955 - Suspension of food business license - Petitioner’s license suspended due to food poisoning complaints linked to his establishment - Petitioner failed to appeal against suspension order, claiming violation of natural justice - Court found no merit in claims, emphasizing the need for adherence to statutory procedures. (Paras 6, 15, 30)
(B) Writ Jurisdiction - Availability of alternative remedy - Writ petitions dismissed as maintainable only under specific circumstances, none of which were met by the petitioner. (Paras 16, 30)
Facts of the case:
The petitioner, a food business operator, faced suspension of his FSSAI license after complaints of food poisoning linked to his establishment. He claimed the suspension was illegal and did not consider his explanation. Respondents contended that the petitioner had alternative remedies available.
Findings of Court:
The court upheld the suspension order, stating the petitioner failed to appeal and did not meet the criteria for maintaining a writ petition.
Issues: The main issues were the legality of the suspension order and the availability of alternative remedies for the petitioner.
Ratio Decidendi: The court ruled that the petitioner must appeal against the suspension order as per the Food Safety and Standards Act, 2006, and that the writ petition was not maintainable due to the absence of exceptional circumstances.
Result: Both writ petitions are dismissed.
COMMON ORDER
Heard Sri H. Sudhakar Rao, learned counsel appearing for the petitioner in W.P.No.33734 of 2024, Sri Rama Rao Immaneni, learned counsel appearing for the petitioner in W.P.No.711 of 2025, Sri K. Ravi Mohan, learned Standing Counsel appearing for GHMC in both the writ petitions. Perused the record.
2. Petitioner, respondents and the lis involved in both the writ petitions are common. Therefore, both the writ petitions are disposed of by way of this common order.
3. Petitioner herein is Proprietor of M/s.Grill House, Food Business Operator (for short, ‘the FBO’) situated at premises bearing No.13-29, Opposite Devi Hospital, Lothkunta, Alwal. He has obtained FSSAI license bearing No.13622014001148 on 11.11.2022. It is valid upto 10.11.2024. Petitioner is selling processed food known as Shawarma made from chicken, Mayonnaise and combination of various sauces and vegetables in the said premises. Respondent No.2 in W.P.No.33734 of 2024 – the Assistant Food Controller (for short, ‘AFC’), GHMC, Hyderabad has issued a notice dated 16.01.2024 to the petitioner herein stating that Respondent No.3 in W.P.No.33734 of 2024 – the Food Safety Officer (for short, ‘FSO’), Circle-27, GHMC, Hyderabad has informed him that on the complaint of food poison occurred on consumption of Shawarma from M/s.Grill House, some persons were admitted in Harsha Hospital, Pet Basheerabad and in Cantonment General Hospital, Bollaram. They were suffered from food poison after consumption of Shawarma from the said establishment.
4. The FSO, Circle No.27, GHMC has visited both the hospitals, enquired with the victims and came to know that 15 persons were consumed Shawarma. They were hospitalized due to vomiting and motions. On inspection of the said establishment, it was closed. Therefore, it was treated that there is violation of provisions of the Food Safety and Standards Act, 2006 and Rules and Regulations, 2011. There is also violation of the provisions of the GHMC Act, 1955 and HMC Byelaws for Regulation of Eating Houses (or) Hotels, 1973. Therefore, considering the said aspects, in the interest of public health, the aforesaid FSSAI License of the petitioner establishment was suspended. The AFC, GHMC, Hyderabad directed the petitioner not to continue the business activities till further orders from the concerned authorities in the interest of public health. The AFC, GHMC, Hyderabad also directed the petitioner to submit explanation within 3 days. He has submitted a reply dated 29.01.2024 stating that he has been running the said business for over 10 years, maintaining a strong reputation for hygiene and food quality. He has been adhearing to sanitation protocols and expressed concern that his competitors might have orchestrated the incident to tarnish his business reputation. On the complaint lodged by the FSO, Circle No.27, GHMC, Police, Alwal Police Station has registered a case in Crime No.37 of 2024. Investigation is pending.
5. While the matter stood thus, the petitioner has received another notice, dated 15.10.2024 from the FSO, Circle No.27, GHMC stating that a sample of ‘PM Snack Sause (Made from Tomato Paste)’ allegedly have been taken from the establishment of the petitioner. It is also alleged that petitioner did not comply with the suspension order despite suspending the license of the petitioner and directing him not to continue the business he is operating the business. Vide intimation of analysis report to FBO, dated 16.11.2024 the FSO, Circle No.27, GHMC referred the report dated 23.10.2024 issued by the Food Analyst. Therefore, according to the petitioner, respondent authorities suspended his license vide proceedings dated 15.10.2024 without considering the explanation dated 29.01.2024 to the notice dated 16.01.2024. Therefore, he has filed W.P.No.33734 of 2024 to declare the action of respondent Nos.2 and 3 therein in issuing notice dated 16.01.2024 without considering the explanation dated 29.01.2024 and also consequential suspending
