Authority: High Court of Bombay at Goa
Order Date: 26 October 2026
Case Overview
- Petitioners: Payal Enterprises and three others; Respondents: State, Food Safety Officer, Abel Rodrigues and eleven others.
- Petition sought a writ of certiorari to quash the order dated 29‑12‑2017 (Case No.4/3/1/2016‑MAG/Food and Safety/483) and to call for the records of that case.
- The Court observed that the normal remedy is an appeal to the Appellate Tribunal under Section 70 of the Food Safety and Standards Act, 2006, but such a tribunal had not been constituted; therefore it exercised jurisdiction under Article 227 of the Constitution.
- On 22‑11‑2018 the Court issued notice to Respondent 1 and later admitted the petition on 04‑03‑2019, granting interim relief under prayer clause (ii).
- On 29‑05‑2019 the Government of Goa issued Notification No. 13/10/2007‑I/PHD(Part File)/1331 establishing the Goa Food Safety Appellate Tribunal, appointing the District Judge‑1, South‑Goa at Margao as the Presiding Officer, effective immediately.
- Respondent’s counsel accepted that the petitioners must now approach the newly constituted Tribunal.
Final Outcome
- The Court granted leave to withdraw the writ petition and to file an appeal before the Goa Food Safety Appellate Tribunal under Section 70 of the Food Safety and Standards Act, 2006.
- Petitioners are allotted 30 days from the date of this order to file the appeal; the Tribunal will hear the appeal without requiring any application for condonation of delay.
- The period spent pursuing this writ petition is excluded under Section 14 of the Limitation Act, 1963.
- Consequently, Criminal Writ Petition No. 188 of 2018 is disposed of.
Topics: Food Safety Regulation, Judicial Relief