"You Think You Are A Lord?" Bombay High Court Slams FDA Officer Over Suspension Of Eateries Of Mumbai Cricket Association

The Bombay High Court came down heavily on Maharashtra's Food & Drug Administration (FDA) on Saturday for passing "mechanical orders" to retain the suspension of licenses of five eateries operating on the premises of the Mumbai Cricket Association (MCA) in the city, despite an earlier direction of the Court to reconsider the issue and pass a reasoned order.

Notably, the High Court had last week ordered the FDA to re-inspect the premises and take a fresh decision over the suspension of licences of the five eateries - Permit Room, Oriental Swing, Clubway & Pastry Counter, Mediterranean and Pavilion, all operating in the Sharad Pawar Indoor Cricket Academy and Recreational Centre at the plush BKC area in Mumbai.

However, on Saturday, a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was irked to note that a mechanical order was passed by the Assistant Commissioner of FDA, who retained the suspension of the licences.

The judges came down heavily on the authority for "not applying its mind" and passing orders in a pedantic manner.

"Why did he (Officer) not apply his mind? We asked you to take a pragmatic view and not a pedantic view... You were asked to consider the provisions, look at the privity of the contract and then decide... But your order indicates that you seem to have some problem with the orders of this Court. Why can't you obey our orders? Why shouldn't we initiate contempt proceedings against the Assistant Commissioner?" ACJ Ghuge remarked.

The judges pointed out that during the hearing of similar matters, the FDA was asked "not to use a sword to kill a mosquito" because the authority has been in "haste" while passing orders.

"Why this haste? You do not read our orders, you do not read the law. But you shoot that too in a haste. You think you are a lord and can do anything... We told earlier also, don't kill a mosquito with a sword... We wanted you to measure your actions..." ACJ Ghuge observed.

Further, the judges made it clear that no authority, can pass mechanical orders without prescribing any reasons for the same.

"When we hear matters, we do not pass orders saying heard this side advocate and heard the Government and this is our opinion. We give reasons, right?. If giving reasons applies to the High Court judges, then it certainly applies to FDA Assistant Commissioner," ACJ Ghuge said.

The judge therefore, warned to initiate contempt of court proceedings against the said Assistant Commissioner of FDA.

At this, Additional Government Pleader Priyabhushan Kakade representing FDA urged the bench not to initiate contempt proceedings and sought time to consult the concerned officers in the matter.

The matter was then again heard after some time, wherein Kakade informed the bench that the FDA has now decided to restore the suspended licences.

The bench accepted the statement and disposed of the plea.

Case Title: Mumbai Cricket Association vs Maharashtra FDA [Writ Petition (L) 29313 of 2026]