M/S Durga Krishi Kendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9696 of 2023 ====================================================== M/s Durga Krishi Kendra through its Proprietor Arjun Singh, aged about 52 years, Male, Son of Late Yogendra Singh, resident of Village- Panapur Bateshwar Nath, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Agricultre Director (Pupil)- cum- Appellate Authority, Tirhut Division, Muzaffarpur.

3.

The District Magistrate, Vaishali at Hajipur. 4.

The District Agriculture Officer, Vaishali at Hajipur. 5.

The Block Agriculture Officer, Jandaha, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

Ms. Saloni Sinha, Adv.

For the Respondent/s :

Mr. Sarvesh Kr. Singh (AAG 13).

Mr. Tej Pratap Singh, AC to AAG-13.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-10-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Certiorari for quashing the order as contained in memo No. 2066 dated 12.08.2022 passed by the District Agriculture Office, Vaishali (Hajipur) whereby and whereunder he has cancelled the retailer license bearing its number-52(R)/2016 in exercise of powers under fertilizer control order 1985.

(ii) To direct the Respondent No.

Patna High Court CWJC No.9696 of 2023(3) dt.18-10-2023 2/3 2 to expedite the hearing of Appeal if any preferred by the petitioner against the order of cancellation of license dated 12.08.2022."

3. Learned counsel appearing on behalf of the petitioner seeks a direction from this Court to direct the Joint Agriculture Director (Pupil)-cum-Appellate Authority, Tirhut Division, Muzaffarpur (Respondent No. 2) to dispose off the appeal pending before the said authority. Learned counsel has stated that even though the petitioner has filed the appeal on 09.09.2022, the authorities till date has not passed any orders.

4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if the present CWJC is disposed off with a direction to the second respondent to dispose off the appeal in a time bound manner.

5. Having regard to the above made submission, the Joint Agriculture Director (Pupil)-cum-Appellate Authority, Tirhut Division, Muzaffarpur (Respondent No. 2) is directed to dispose off the appeal filed by the petitioner against the orders of cancellation passed by the Sub-Divisional Officer.

6. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight

Patna High Court CWJC No.9696 of 2023(3) dt.18-10-2023 3/3 weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the party.

7. With the above observation, the present Writ Petition stands disposed off to the extent indicated. (A. Abhishek Reddy , J) shakir/- U