Nagpur: In a major setback to Food and Drugs Administration (FDA) Commissioner Tukaram Mundhe, the Nagpur Bench of the Bombay High Court has declared the FDA’s action against Wardha-based dairy cooperative Goras Bhandar illegal, setting aside the proceedings and directing the authorities to immediately restore the establishment’s licence.

The High Court came down heavily on the FDA, observing that the authorities had failed to follow the mandatory legal procedure before taking drastic action against the dairy unit.

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The controversy began on May 31, when FDA officials conducted a raid on the renowned dairy establishment, alleging unhygienic conditions. During the operation, officials seized dairy products worth several lakhs of rupees and ordered an immediate halt to milk procurement, processing and sale.

The action effectively paralysed the operations of Goras Bhandar, triggering a severe financial crisis for hundreds of milk-producing farmers, employees and others whose livelihoods depended on the dairy.

Challenging the FDA’s action, Goras Bhandar approached the Nagpur Bench of Bombay High Court, contending that the authorities had acted arbitrarily and in complete disregard of the procedure prescribed under law.

During the hearing, the High Court expressed strong displeasure over the manner in which the FDA proceeded against the dairy. The Bench questioned why such an extreme measure was taken without first following the statutory process and providing the institution with an opportunity to respond.

In sharp observations, the Court asked whether government officials themselves should also be subjected to similar punitive action without being issued a notice whenever they violate rules, highlighting the importance of adherence to the principles of natural justice.

The Court also took note of submissions that Goras Bhandar had been in operation for nearly 65 years and had undergone only four inspections during that period. It questioned the circumstances that led to the sudden and stringent action, indicating that such drastic measures required strict compliance with legal safeguards.

Holding that the FDA had failed to adhere to the prescribed legal procedure before suspending the dairy’s operations, the High Court declared the action unsustainable in law and quashed the proceedings.

The Court further directed the FDA to restore Goras Bhandar’s licence forthwith, enabling it to resume its milk collection, processing and marketing activities without delay.

The judgment has come as a significant relief for the dairy organisation and the hundreds of farmers, employees and consumers associated with it, while also serving as a strong reminder that regulatory authorities must exercise their powers strictly within the framework of law and cannot bypass due process while taking coercive action.