Vinay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6851 of 2023 ====================================================== Vinay Kumar Chaudhary, Son of Ramuna Chaudhary, Resident of VillageSaraiya, Police Station- Shahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna 2.

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

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

The Joint Director, Department of Agriculture, Government of Bihar, Patna. 5.

The District Magistrate, Muzaffarpur.

6.

The District Agriculture Officer, Muzaffarpur. 7.

The Block Agriculture Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the Respondent/s :

Mr.Anant Pd. Singh (SC-15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 16-05-2023 The petitioner challenges the memo dated 02.09.2020 which cancelled his fertilizer licence on the ground that he has diverted fertilizers by sale to persons other than farmers. A copy of the Memo No. 2945 dated 02.09.2020 is produced along with the writ petition as Annexure-1. The petitioner had a remedy under Clause 32(a) of the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985. The appellate remedy should have been sought within thirty days from the order of cancellation. The petitioner having not sought the appellate

Patna High Court CWJC No.6851 of 2023 dt.16-05-2023 2/2 remedy cannot seek the extraordinary remedy under Article 226 of the Constitution of India after more than two years. The writ petition will stand dismissed in limine. (K. Vinod Chandran, CJ) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 19.05.2023 Transmission Date