Telangana High Court
Toufiq Shareef vs The State Of Telangana on 13 February, 2025
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION Nos.33734 of 2024 and 711 of 2025 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 KL,J W.P.Nos.33734 of 2024 and 711 of 2025 2 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 KL,J W.P.Nos.33734 of 2024 and 711 of 2025 3 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 KL,J W.P.Nos.33734 of 2024 and 711 of 2025 4 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 KL,J W.P.Nos.33734 of 2024 and 711 of 2025 5 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 of the business license of the petitioner on 15.10.2024, as illegal. He has also filed another writ petition vide W.P.No.711 of 2025 to declare the action of respondents, more particularly, respondent No.3 therein (The AFC, GHMC, Hyderabad) in issuing impugned proceedings dated 15.10.2024 and continuing the same even after expiry of license, as illegal.
6. Respondents filed counter contending that both the writ petitions filed by the petitioner are not maintainable in view of the availability of alternative remedy. If the petitioner is aggrieved by the suspension order, he has to prefer an appeal in terms of Section 32(4)(c) of the Food Safety and Standards Act, 2006. He has not pleaded any exceptions to maintain the present writ petitions despite availability of alternative remedy.
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7. Petitioner's FSSAI license was suspended on 16.11.2024 on the ground that petitioner is selling adulterated Shawarma and vide proceedings dated 15.10.2024 it was informed to the petitioner that despite suspension of his license, he continued with the business. Therefore, the FSO, Circle No.27, GHMC directed the petitioner to discontinue the food business operations till his license is revoked.
8. It is further contended that during inspection the petitioner establishment was initially found closed and upon the request of the FSO, Circle No.27, GHMC, they opened the establishment for inspection. During inspection it was found that leftovers of the prepared food like Shawarma and Biryani was already disposed and they have lifted the sample of PM Snak Sause and other packed food articles which were found to be available.
9. It is further contended that the FSO, Circle No.27, GHMC received a complaint on 13.01.2024 from one KL,J W.P.Nos.33734 of 2024 and 711 of 2025 7 Mr.Praveen Reddy stating that he suffered from food poisoning after consumption of Shawarma at petitioner's establishment. He has also received information from the media personnel that several people have suffered from food poisoning after consumption of Shawarma from the petitioner's establishment. Therefore, he has visited both the aforesaid hospitals. The petitioner's establishment was closed and therefore, he could not lift the samples from the establishment. He has enquired with the victims of food poisoning. All of them informed him that they consumed Shawarma from the petitioner establishment on 13.01.2024. Doctors also informed him that patients have shown symptoms' of food poisoning. Therefore, he has lodged a complaint to Police, Alwal Police Station, who in turn registered a case in Crime No.37 of 2024.
10. Based on the inspection, the FSO, Circle No.27, GHMC has submitted recommendation dated 15.01.2024 and basing on which the AFC, GHMC, Hyderabad suspended the license of the petitioner vide proceedings KL,J W.P.Nos.33734 of 2024 and 711 of 2025 8 dated 16.01.2024. If the petitioner is aggrieved by the same, he has to prefer an appeal. His license was suspended vide proceedings dated 16.01.2024 but not on 15.10.2024. Despite directing the petitioner not to continue the business in view of suspension of his license, he has continued the business. Samples were collected. Report was obtained, wherein it is stated that the sample collected from the petitioner's establishment is sub-standard. The said fact was also informed to the petitioner vide intimation dated 16.11.2024. With the said submissions respondents sought to dismiss both the writ petitions.
11. As discussed supra, petitioner has obtained FSSAI license under the provisions of the Food Safety and Standards Act, 2006 on 11.11.2022 and it was valid upto 10.11.2024.
12. Perusal of the record would reveal that the FSO, Circle No.27, GHMC has received a complaint from KL,J W.P.Nos.33734 of 2024 and 711 of 2025 9 Mr.Praveen Reddy informing him that he suffered from food poisoning on consuming Shawarma from the petitioner establishment. On the next day he has also received complaints stating that several people who consumed Shawarma from the petitioner establishment suffered from food poisoning and admitted in Harsha Hospital, Pet Basheerabad and Cantonment General Hospital, Bollaram. He has visited both the aforesaid hospitals and made enquiries with the patients and also Doctors. Both the patients and Doctors informed him that patients suffered from food poisoning due to consumption of Shawarma from the petitioner establishment. There is food poisoning. Therefore, the FSO, Circle No.27, GHMC has lodged a complaint with Police, Alwal Police Station, who in turn registered a case in Crime No.37 of 2024 against the petitioner for the offences punishable under Sections 273 and 269 of IPC. The Investigating Officer has already issued notice under Section 41-A of Cr.P.C., and investigation is pending.
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13. When the FSO, Circle No.27, GHMC went to the petitioner establishment for inspection, he found it was closed. Therefore, he went to both the aforesaid hospitals and made enquiry with the patients and Doctors. Therefore, he was not in a position to collect the samples immediately. However, the AFC, GHMC, Hyderabad vide notice dated 16.01.2024 suspended the license of the petitioner and directed him not to continue the business activity till further orders from the authorities of GHMC. Petitioner has submitted his explanation on 29.01.2024 itself.
14. It is the contention of the petitioner herein that without considering the said explanation dated 29.01.2024 submitted by him to the notice dated 16.01.2024, the FSO, Circle No.27, GHMC issued proceedings dated 15.10.2024. His license was expired on 10.11.2024 itself. Therefore, continuation of proceedings against the petitioner pursuant to the notice dated KL,J W.P.Nos.33734 of 2024 and 711 of 2025 11 16.01.2024 and proceedings dated 15.10.2024 are illegal and contrary to the provisions of the Food Safety and Standards Act, 2006 and Rules and Regulations, 2011.
15. Section 32(4) of the FSS Act, 2006 says that any person, who is aggrieved by cancellation or suspension or revocation of license under the Food Safety and Standards Act, 2006 has to prefer an appeal to the Commissioner of Food Safety. In the present case, petitioner herein failed to prefer any appeal challenging the suspension order dated 16.01.2024.
16. It is settled law that though the alternative remedy of appeal is available, the writ petition is maintainable under the following 3 circumstances:
1. Violation of principles of natural justice.
2. Non adherence to the statutory proceedings.
3. The authority passed order has no jurisdiction.
17. The said principles was also laid down by the three Judge Bench of the Apex Court in Asst. Commissioner KL,J W.P.Nos.33734 of 2024 and 711 of 2025 12 of State Tax Vs. Commercial Steel Limited1 and also Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai2. Whereas, in the present case, it is not the case of the petitioner did not contend that the impugned suspension order dated 16.01.2024 is in violation of principles of natural justice and also in violation of procedure laid down under the Food Safety and Standards Act, 2006 and Rules and Regulations, 2011.
18. It is relevant to note that as per Section 32 (3) of FSS Act, 2006, the designated officer has power to suspend the license of FBO, forthwith, in the interest of public health for the reasons to be recorded in writing.
19. As discussed supra, in the order dated 16.01.2024 the AFC, GHMC, Hyderabad has specifically mentioned the reasons. Therefore, if the petitioner is aggrieved by the said suspension order dated 16.01.2024 of the AFC, GHMC, Hyderabad, he has to prefer an appeal under 1 Manu/SC/0801/2021 2 (1998) 8 SCC KL,J W.P.Nos.33734 of 2024 and 711 of 2025 13 Section 32(4) of the Food Safety and Standards Act, 2006. In the light of the aforesaid discussion, W.P.No.33734 of 2024 filed by the petitioner to declare the notice dated 16.01.2024, as illegal, is liable to be dismissed.
20. As discussed supra, the license of the petitioner was suspended on 16.01.2024. Vide the said notice, the AFC, GHMC, Hyderabad directed the petitioner not to continue the business. Even then, he has continued the business. When the FSO, Circle No.27, GHMC inspected the site, he found that establishment was closed and upon his request they opened the establishment for inspection. During inspection it was found that leftovers of the prepared food like Shawarma and Biryani was already disposed and they have lifted the sample of PM Snak Sause and other packed food articles which were found to be available. The said fact was also mentioned in the proceedings dated 15.10.2024 of the FSO, Circle No.27, GHMC.
KL,J W.P.Nos.33734 of 2024 and 711 of 2025 14
21. Vide intimation letter dated 15.10.2024 the FSO, Circle No.27, GHMC informed the petitioner that the aforesaid sample lifted by him from the establishment of the petitioner was sent to Food Analyst, State Food Laboratory, Nacharam, Hyderabad for analysis. Therefore, if the petitioner is desired to make an application to the FSO, Circle No.27, GHMC with a request to send the 4th part of the sample to any one of the laboratories under Rule 2.4.5.2 of the Rules, 2011 he may make an application by paying necessary fee by way of DD within 3 days. Petitioner did not submit any application with the aforesaid request. However, he has submitted reply dated 29.01.2024 stating that his business competitors might have given information to the FSO, Circle No.27, GHMC to damage his reputation.
22. It is also relevant to note that vide intimation dated 16.11.2024 the FSO, Circle No.27, GHMC informed the petitioner about the report dated 23.10.2024 submitted KL,J W.P.Nos.33734 of 2024 and 711 of 2025 15 by the Food Analyst, State Food Laboratory, Nacharam, Hyderabad saying that the sample is declared as sub- standard. He has also enclosed a copy of he said report dated 23.10.2024 along with the said intimation letter dated 16.11.2024. Therefore, the FSO, Circle No.27, GHMC informed the petitioner that if he is aggrieved by the same, he has to prefer an appeal within 30 days from the date of receipt of copy of the said order. Petitioner herein failed to prefer any appeal.
23. The afore-stated facts would reveal that there are serious allegations against the petitioner herein. He has sold the aforesaid Shawarma, which is sub-standard and on consumption of the same, several people suffered food poisoning and joined in hospitals. Despite suspending his license and directing him not to continue the business, he has continued his business and therefore, the FSO, Circle No.27, GHMC collected samples from the petitioner's establishment on 15.01.2024. The same were sent to the aforesaid laboratory and the said laboratory KL,J W.P.Nos.33734 of 2024 and 711 of 2025 16 vide its report dated 23.10.2024 found the said samples as sub-standard.
24. During the course of hearing, Sri Rama Rao Immaneni, learned counsel appearing for the petitioner in W.P.No.711 of 2025 contended that since the license of the petitioner was expired on 10.11.2024, liberty may be given to the petitioner to submit fresh application or an application seeking renewal of the said license and a direction may be given to the licensing authority to consider the same without reference to the suspension order 16.01.2024 and proceedings 15.10.2024.
25. As per Section 32 of the Food Safety and Standards Act, 2006, petitioner has to submit an application seeking renewal of the license six months prior to the expiry. In the present case, the petitioner has not submitted such an application. Moreover, his application cannot be considered during subsistence of the suspension order dated 16.01.2024.
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26. As discussed supra, if the petitioner is aggrieved by the suspension order dated 16.01.2024, he has to prefer an appeal with the appellate authority in terms of Section 32(4) of the Food Safety and Standards Act, 2006. In the present case, petitioner herein failed to prefer any appeal. He has filed W.P.No.33734 of 2024 challenging the said notice and the same is dismissed on the ground of availability of statutory appeal. Therefore, petitioner cannot submit application either to renew his license or to issue fresh license during subsistence of suspension order dated 16.01.2024.
27. In this regard, it is relevant to extract relevant provisions of the Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011; reads as follows:
"2.1.8.Suspension or cancellation of Registration Certificate or license:
(4) Notwithstanding anything contained in these Regulations, the Registering or Licensing Authority KL,J W.P.Nos.33734 of 2024 and 711 of 2025 18 may suspend or cancel any registration or license forthwith in the interest of public health for reasons to be recorded in writing.
(5) A suspension or cancellation of registration or license under these Regulations shall not entitle the Food Business Operator to any compensation or refund of fee(s) paid in respect of the registration certificate or license or renewal thereof.
(6) After 3 months from the date of cancellation under Regulation 2.1.8(3) above the Food Business Operator may make a fresh application for Registration or license to the concerned authority if all observations made in the improvement notice have been complied with."
28. Thus, as per Regulation 2.1.8(4) of the Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011, the licensing authority is empowered to suspend or cancel a license in the interest of public health, provided reasons are recorded in writing. As per regulation 2.1.8(6) of the Food Safety and KL,J W.P.Nos.33734 of 2024 and 711 of 2025 19 Standards (Licensing and Registration of Food Business) Regulations, 2011 it allows a food business operator to apply for a fresh license three months after cancellation, subject to compliance with improvement notices.
29. As discussed supra, in the present case, the AFC, GHMC, Hyderabad has specifically mentioned reasons in the suspension order dated 16.01.2024. Petitioner herein failed to prefer any appeal challenging the same. Petitioner herein failed to seek for sending the 4th part of the sample to any of the laboratories mentioned under Rule 2.4.5.2 as requested by the FSO, Circle No.27, GHMC vide his proceedings dated 15.10.2024. Vide proceedings dated 15.10.2024 the FSO, Circle No.27, GHMC has also directed the petitioner to discontinue the business operations till his FSSAI license is revoked.
30. In the light of the aforesaid discussion, petitioner herein failed to make out any case to interfere with the suspension order dated 16.01.2024 issued by the AFC, KL,J W.P.Nos.33734 of 2024 and 711 of 2025 20 GHMC, Hyderabad and also the proceedings dated 15.10.2024 issued by the FSO, Circle No.27, GHMC. Therefore, both the writ petitions are liable to be dismissed.
31. Accordingly, both the Writ Petitions are dismissed. However, liberty is granted to the petitioner to prefer an appeal and also submit an application seeking fresh license in terms of the Food Safety and Standards Act, 2006 and the Rules and Regulations, 2011. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J February 13, 2025 PN