Pushpendra Tiwari @ Pushpendra Tivari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12546 of 2022 ====================================================== 1.

Pushpendra Tiwari @ Pushpendra Tivari S/o- Srikant Tiwari, PropritorJaibajrang Treaders, Sikraul Lukh, P.S.- Sikraul Lukh, District- Buxar. 2.

Sikander Singh, S/o- Late Raja Ram Singh, Propritor- Maan Ambey Enterprises, Birkuar Singh Colony, Charitraban, P.S.- Buxar, District- Buxar. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Agriculture, Bihar, Patna.

3.

The Joint Director (Agronomy Shashya), Patna Division, Mithapur, Agriculture Farm, Patna.

4.

The District Agriculture Officer, Buxar.

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Arya Achint, A.C. to AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-11-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

2/4 Having heard learned counsel for the parties, we are of the considered view that the impugned order dated

3/4 16.07.2022, issued by Respondent No. 3, namely, the Joint Director (Agronomy Shashya), Patna Division, Mithapur, Agriculture Farm, Patna (Annexure-13, Page-45) and the consequential communication dated 22nd of July, 2022, issued by Respondent No. 4, namely, the District Agriculture Officer, Buxar (Annexure-14, page-46) needs to be quashed and set aside, for we find, in the response filed by the respondents there is no denial to the fact that the material placed on record by the petitioner, in response to the notice to show-cause, was neither referred to nor considered. The order entails civil and penal consequences. Also, the order is cryptic in nature. As such, we quash and set aside the impugned order dated 16.07.2022, issued by Respondent No. 3, namely, the Joint Director (Agronomy Shashya), Patna Division, Mithapur, Agriculture Farm, Patna (Annexure-13, Page-45) and the consequential communication dated 22nd of July, 2022, issued by Respondent No. 4, namely, the District Agriculture Officer, Buxar (Annexure-14, page-46).

The instant petition stands disposed of in the aforesaid terms, reserving liberty to the petitioners to initiate action, if so required and desired.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16/11/2022 Transmission Date