Agriculture Development Centre v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.800 of 2022 ====================================================== Agriculture Development Centre Baluwa Kaliaganj, Palasi through Proprietor Rajendra Choudhary (Male), aged about 57 years, son of Late Tinkori Choudhary, Resident of Village-Bangama, P.O.-Baluwa, Kaliganj, P.S.-Palasi, District-Araria.

... ... Petitioner.

Versus

1.

The State of Bihar through Principal Secretary, Agriculture Government of Bihar, Patna.

2.

The District Magistrate cum Collector, Araria. 3.

The Additional Director, Plant, Araria.

4.

The District Agriculture Officer, Araria.

... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwajeet Pandey, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 23-02-2022 Heard Mr. Bishwajeet Pandey, learned Advocate for the petitioner and Mr. Dhurjati Kumar Prasad for the State.

The licence of the petitioner has been cancelled by the Licensing Authority, namely, District Agriculture Officer under the Fertilizer Control Order, 1985. Mr. Pandey, learned Advocate tried to impress upon the Court that the order is cryptic and nonspeaking. Except for recording that F.I.R. has been registered against the petitioner under the Fertilizer Control Order, 1985, no other fact has been stated in

Patna High Court CWJC No.800 of 2022(2) dt.23-02-2022 2/2 the impugned order.

However, we find that the petitioner has preferred an appeal before the Joint Director of Agriculture vide Appeal No.51 of 2021-22 on 07.09.2021.

This Court, under the aforesaid circumstances, directs the Appellate Authority, namely, Joint Director, Department of Agriculture to dispose of appeal of the petitioner by a reasoned order within a period of 60 days from the date of receipt/production of a copy of this order. The petitioner shall be afforded every opportunity representing his cause before an order is passed. This writ petition stands disposed of accordingly.

(Ashutosh Kumar, J.) (Anjani Kumar Sharan, J.) Trivedi/- U