M/S Fertilizer Center, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2415 of 2022 ====================================================== M/s Fertilizer Center, Zero Mile, Araria, represented through its Proprietor, namely, Pramod Kumar Sah, Gender - Male, aged about 52 years, Son of Khushi Lal Sah resident of Village, Post and Block - Araria, Ashram Road, Ward No. 10, P.S. and District- Araria.

... ... Petitioner.

Versus

1.

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

2.

The Joint Director, Agriculture, Purnea Division, Purnea. 3.

The District Magistrate, Araria.

4.

The District Agriculture Officer, Araria.

... ... Respondents.

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s :

Mr.Awanish Nandan Sinha, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 25-02-2022 Heard Mr. Kumar Ravish, learned Advocate for the petitioner and the learned counsel for the State.

The licence of the petitioner appears to have been cancelled vide order dated 12.01.2022, without even issuing show cause notice to him. The other

Patna High Court CWJC No.2415 of 2022(2) dt.25-02-2022 2/3 grievance of the petitioner is that the Licensing Authority himself was the Inspecting Authority, on the basis of which the aforesaid order has been passed. On the face of it, the order does not appear to be sustainable in law and the same is set aside. The matter is sent to the Licensing Authority for writing out a fresh order in accordance with law, after affording the petitioner the inquiry report and all other documents which would be necessary to him to respond to the charges. The process shall begin on the petitioner furnishing the copy of this order before the Licensing Authority, who shall start the proceeding forthwith.

The petitioner shall be given ample opportunity of representing his cause. A final decision shall be taken within a period of sixty days of the presentation of a copy of this order before the Licensing Authority.

Needless to state that the Licensing Authority

Patna High Court CWJC No.2415 of 2022(2) dt.25-02-2022 3/3 shall pass a reasoned order and communicate it to the petitioner.

With the aforesaid observation and direction, this writ petition stands disposed of.

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