M/S Dinesh Medicose, Through ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 771 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

                        WRIT PETITION NO.168 OF 2021

       M/s. Dinesh Medicose,
       51/2 Dr. Ambedkar Marg, Near
       Kamal Talkies Chowk, Indora Road,
       Nagpur-440017.

       Through Partner Mr. Amarlal s/o
       Nenumal Virani, Aged Major,
       R/o 25, Kungu Colony,
       Jaripatka, Nagpur.                                     .....PETITIONER

                               ...V E R S U S...

 1) The State of Maharashtra
    Through Ministry of Food and
    Drug Administration, Mantralaya,
    Mumbai 400 032.

 2) The Licensing Authority and Joint
    Commissioner, Food and Drug
    Administration, Nagpur (M.S.)
                                                                     ...RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri A.M. Quazi, Advocate for petitioner.
 Ms. M.A. Barabde, AGP for respondents.
 -------------------------------------------------------------------------------------------
                                CORAM:- V. M. DESHPANDE, J.

DATED :- JANUARY 13, 2021.

ORAL JUDGMENT

Rule. Rule is made returnable forthwith.

(2) Heard Shri A.M. Quazi, learned counsel for the

petitioner and Ms. M.A. Barabde, learned Assistant Government

Pleader for respondents.

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 (3)            Initially,     the   Licensing       Authority     on    30.08.2019

cancelled the license of the petitioner's medical shop permanently

w.e.f. 28.11.2019. Against that a statutory appeal was filed by the

petitioner before the Hon'ble Minister. The Hon'ble Minister vide

order dated 20.09.2019 granted interim stay in favour of the

petitioner, thus the petitioner continued to run his shop. By

notice dated 31.01.2020 petitioner was informed that hearing of

the petitioner's appeal will be taken on 03.02.2020 at Ravi

Bhavan, Nagpur by the Hon'ble Minister. Accordingly, the

petitioner appeared before the Hon'ble Minister on the date fixed.

The matter was heard by giving opportunity to the petitioner by

the Hon'ble Minister. The Hon'ble Minister interfered with the

order of Licensing Authority cancelling the license of the petitioner

permanently and instead of the said, in view of the undertaking

given by the petitioner that in future petitioner will not commit

any mistake, the Hon'ble Minister suspended the license for a

period of 30 days. Accordingly, the Department issued the order

on 01.01.2021 whereby it was informed that the petitioner shall

not run the medical shop for a period of 30 days from 10.01.2021

to 09.02.2021 inclusive of both days. In this writ petition these

actions are questioned.

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 (4)            This writ petition was listed before this Court on

09.01.2021. This Court found that upon inspection by the

Authority serious discrepancies were found and out of that two

were of very serious in nature. This Court directed on the said

date to the learned Assistant Government Pleader to take

instructions and make a statement as to whether in the locality

where the petitioner's medical shop is situated, whether it is the

only shop or there are other medical shops.

(5) In pursuance to the said order, today Ms. Barabde,

learned Assistant Government Pleader, on the written instructions

given to her submitted that in the vicinity of M/s. Dinesh

Medicose, Kamal Chowk, Nagpur there are 8 other medical shops.

Obviously, these directions were given by the Hon'ble Judge to see

that there should not be any inconvenience to the public, if the

medical shop is closed and if it is only shop in the locality.

(6) The learned counsel for the petitioner is also not

disputing the statement of the learned Assistant Government

Pleader that there are 8 other medical shops situated in the

vicinity where the petitioner's shop is situated.

(7) It is not the case of the petitioner before this Court that

there is any breach of principles of natural justice.

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 (8)            Show-cause notice was given to the petitioner and the

show-cause notice was replied. In the reply to the show-cause

notice the petitioner has accepted the mistakes committed by him.

Further, personal hearing was given to the petitioner by the

Licensing Authority and also by the Hon'ble Minister. The Hon'ble

Minister has already taken a lenient view by converting the order

of cancellation of the license permanently to suspension of license

for 30 days. Looking to the seriousness of the matter and the

petitioner who runs a medical shop is having great responsibility

during this pandemic situation, it was expected from the

petitioner to run the shop as per license conditions. Since,

petitioner has admitted candidly the mistake and lenient view is

already taken by the Hon'ble Minister, I am of the view, this is not

a case wherein this Court should interfere with the order. Hence,

writ petition is dismissed. No order as to costs.

Rule is discharged.

JUDGE

Wagh