(34)-WP-12006-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12006 OF 2026 Udupi Swaad Restaurant ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ... Mr. Vishal Hegde a/w Ms. Anuja Apte i/by Samudra Legal LLP, for the Petitioner. Mrs. Neha S. Bhide, GP a/w Mr. B. V. Samant, Addl. GP & Ms. Pooja Patil, AGP for Respondent Nos.1 to 5. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 16th SEPTEMBER, 2026. P.C.: 1. Heard learned Counsel for the parties. 2. At the outset, the learned Counsel for the Respondents raised a preliminary objection to the maintainability of instant proceeding. He would submit that the Food Safety and Standards Act, 2006 is a self contained Code, wherein the proceeding has been initiated under Section 32(2) of the said Act. The Petitioner has an alternate efficacious remedy to press an Appeal under Section 32(4) against the Impugned Decision of the said Respondents. Once an alternative efficacious statutory remedy is available to the Petitioner, there is no reason or occasion to bypass the remedy. Be that as it may. We are not inclined to entertain the 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.17 14:47:46 +0530 (34)-WP-12006-26.doc instant Petition on the ground of an alternate efficacious statutory remedy of Appeal available to the Petitioner. Section 32 of the said Act is to be reproduced hereunder :- “32. Improvement notices.- (1) If the Designated Officer has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this section applies, he may, by a notice served on that food business operator (in this Act referred to as an “improvement notice”)– (a) state the grounds for believing that the food business operator has failed to comply with the regulations; (b) specify the matters which constitute the food business operator’s failure so to comply; (c) specify the measures which, in the opinion of the said Authority, the food business operator must take, in order to secure compliance; and (d) require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice. (2) If the food business operator fails to comply with an improvement notice, his licence may be suspended. (3) If the food business operator still fails to comply with the improvement notice, the Designated Officer may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: Provided that the Designated Officer may suspend any licence forthwith in the interest of public health for reasons to be recorded in writing. (4) Any person who is aggrieved by – (a) an improvement notice; or (b) refusal to issue a certificate as to improvement; or (c) cancellation or suspension or revocation of licence under this Act, may appeal to the Commissioner of Food Safety whose decision thereon, shall be final. (5) The period within which such an appeal may be brought shall be – (a) fifteen days from the date on which notice of the decision was served on the person desiring to appeal; or 2 (34)-WP-12006-26.doc (b) in the case of an appeal under sub-section (1), the said period or the period specified in the improvement notice, whichever expires earlier. Explanation – For the purpose of this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal.” 3. Considering the factual situation as emerged, the substantial justice would be subserved in case Petitioner prefers Appeal along with the Stay Application before the appellate forum within one week from uploading of this order. We expect the Appellate Authority shall dispose of the stay application in further two weeks thereafter. The Appeal may also to be decided on merits expeditiously, preferably within six weeks from date of uploading of this order, without granting unnecessary adjournment to the parties. 4. We further observe that whatever grounds as have been urged before this Court, can be raised by the Petitioner including the relief/s before the Appellate Authority. 5. With the aforesaid directions, Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3