8.wp.9998-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.9998 OF 2009 M/s.East West Tobacco Products. ..Petitioner. Versus State of Maharashtra & others. ..Respondents. ... Mr.D.T. Kharmate & Mrs.V.R. Raje, Advocate for the Petitioner. Mr.S.N. Patil, AGP, for Respondent Nos.1 to 3. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : FEBRUARY 25, 2010. P.C. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner by this Petition challenges the order dated 2.4.2008 passed by the Assistant Commissioner(Food), Food and Drugs Administration, Pune and the order dated 12.9.2008 passed by the Commissioner, Drug and Administration, State of Maharashtra confirming that order and dismissing the appeal filed by the petitioner. The principal complaint of the petitioner against the order dated 2.4.2008 is that by that order the licence given to the petitioner for 8.wp.9998-09 2 manufacturing of Panmasala (Gutka) and flavoured supari has been cancelled without issuing any show cause notice and giving the petitioner an opportunity of being heard. So far as the order dated 12.9.2008 is concerned, the complaint is that in the appeal it was specifically argued that as the order dated 2.4.2008 has been made in breach of principles of natural justice that order is liable to be set aside, but, that contention has not at all been considered by the Appellate Authority. 3. The learned AGP is not in a position to dispute that the order dated 2.4.2008 has been made without issuing any show cause notice to the petitioner. He is also not in a position to show that the contention of the petitioner that the order dated 2.4.2008 has been made in breach of the principles of natural justice has been considered by the Appellate Court. 4. The learned Counsel appearing for the petitioner has undertaken before us that unless the proceedings are decided afresh, the petitioner will not manufacture anything under the licence which has been issued to him dated 13.4.1996. In this view of the matter, in our opinion, the following order would meet the ends of justice : 8.wp.9998-09 3 :: O R D E R :: [i] The order dated 2.4.2008 made by the Assistant Commissioner and the order dated 12.9.2008 passed by the Food Health Authority is set aside with liberty to the authority to take fresh action after complying with the principles of natural justice. [ii] In view of the undertaking given by the petitioner, the petitioner shall not manufacture anything under the aforesaid licence till the Assistant Commissioner makes a fresh order. [iii] The Assistant Commissioner shall make a fresh order in accordance with law as expeditiously as possible in any case within three months from today. [iv] Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)