Devashish Kundu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16785 of 2013 ====================================================== Devashish Kundu Son Of Ashish Kundu Resident Of Jakkanpur, P.S. Jakkanpur, Distt. - Patna, Proprietor Of M/S Rajdhani Seeds, In Front Of Museum, Budh Marg, Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Director, Agriculture, Bihar, Patna

2. The Joint Agriculture Director, Plant Protection, Bihar, Patna

3. The Deputy Agriculture Director, Bihar, Patna

4. The District Agriculture Officer, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. S.Pd. AC to GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 16-09-2015 The petitioner prays for setting aside order dated 18.10.2012, passed by respondent no.4 by which his licence under the Insecticides Act has been cancelled. The petitioner submits that in view of The Seeds Act, 1966, no licence can be cancelled without providing an opportunity of being heard, which fact has also not been ruled out in the counter affidavit.

In that view of the matter, the writ petition succeeds and the impugned order is set aside with liberty to the respondents to pass order in accordance with law. Shashi.

(Samarendra Pratap Singh, J) U