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Patna High CourtCWJC/5404/2023disposed

M/S Ughra Mahapara Pksss Ltd. v. The State Of Bihar

2024-02-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5404 of 2023 ====================================================== M/s Ughra Mahapara P. K. S. S. S. Ltd., through its President Avadhesh Yadav, aged about 37 years, Gender-Male, S/o Ramanand Yadav, Resident of Village-Daing, Ward No. 10, Mahapara, P.S.-Bahadurpur, District-Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Director (Fertilizer), Darbhanga Division, Darbhanga. 3.

The District Magistrate, Darbhanga.

4.

The District Agriculture Officer, Darbhanga.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Mr.Vijay Anand Mr. Roop Kishan For the Respondent/s :

Mr.Sarvesh Kumar Singh ( AAG 13 ) Ms. Sunita Kumari, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2024

1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application being aggrieved by the order, dated 14.01.2023, passed by the District Agriculture Officer, Darbhanga, whereby the license granted to the petitioner has been cancelled.

3. Learned Counsel for the State, referring to Rule 32A of the Fertilizer Control Order, 1985, submits that there is provision of statutory appeal and the petitioner, without availing the statutory remedy, has approached this Court.

4. In view of the fact that there is provision for appeal, this

Patna High Court CWJC No.5404 of 2023(6) dt.13-02-2024 2/2 writ application is disposed with liberty to the petitioner to file an appeal before the competent authority, along with a petition for condonation of delay, within a period of four weeks from today and if such an appeal is filed by the petitioner, the competent authority shall dispose the same in accordance with law within a period of two months from the date of filing of the appeal. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √