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Patna High CourtCWJC/3488/2023disposed

M/S Bihar Agro Industries v. The State Of Bihar

2023-04-03Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3488 of 2023 ====================================================== M/S Bihar Agro Industries a proprietary concern having its manufacturing unit at Ram Manohar Lohia Path, Forbisganj, Araria through its proprietor namely Abhay Kumar Dugar, Resident of Ram Manohar Path, Forbesganj, Ward No. 6, P.S. Forbesganj, District- Araria. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Department of Agriculture, Government of Bihar, Patna. 3.

The Director, Department of Agriculture, Government of Bihar, Patna. 4.

The Sub-Divisional Agriculture Officer, Forbesganj, District Araria. 5.

The Fertilizer Inspector-cum-Agriculture Co-ordinator, Forbesganj, District Araria.

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

For the Petitioner/s :

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

Mr. Raghwanand, GA-11 Mr. Sanjay Kumar, AC to GA-11 ====================================================== 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 available to the petitioner for filing his reply to the show cause.

Patna High Court CWJC No.3488 of 2023(2) dt.03-04-2023 2/2 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. 11 U