M/S Rani Sati Fertilizers (P) Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3165 of 2023 ====================================================== M/s Rani Sati Fertilizers (P) Ltd. a company registered under the Companies Act, 1956 having its Industrial Area, Donar Dharbanga, Bihar through its Managing Director Shrawan Kumar Jhunjhunwala, Male, Aged about 68 years, Son of Late Gauri Shankar Jhunjhunwala, Resident of Agarwal House, Bhathiyari Sarai, Donar, P.O. Lalbagh, P.S. Lalbagh, District - Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Department of Agriculture Government of Bihar Secretariat Patna.

3.

The Agriculture Director, Department of Agriculture, Government of Bihar, Krishi Bhawan, Mithapur, Patna.

4.

The Sub-Divisional Agriculture Officer, Darbhanga Sadar, Darbhanga. 5.

The Block Agriculture Officer, Darbhanga.

6.

The Fertilizer Inspector-cum-Agriculture Co-ordinator, Darbhanga Sadar, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr. Mohit Agarwal, Advocate Ms. Priya Gupta, Advocate Mr. Rahul Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 03-04-2023 Learned counsel for the petitioner states that though the petitioner not being an industrial dealer, under Clause 32(A) of the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985, an appeal would lie against the impugned order, whereby the licence of the petitioner has been cancelled, but while cancelling the licence of the petitioner, the principles of natural justice have not been followed, as the record was not made

Patna High Court CWJC No.3165 of 2023(2) dt.03-04-2023 2/2 available to the petitioner for filing his reply to the show cause. As such, the present writ petition is disposed of with liberty to the petitioner to file an appeal before the appropriate authority, which will be disposed of considering all the aspects of the petitioner, within a period of thirty days from its filing. (Sanjeev Prakash Sharma, J) Amrendra/- Item No. 10 U