Nirmal Kumar Agrawal v. The State Of Bihar And ORS

Patna High Court CWJC No.12319 of 2013 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12319 of 2013 ======================================================

1. Nirmal Kumar Agrawal Son Of Sri Babu Lal Agrawal Of Mohanpur, P.S. Araria District Araria .... .... Petitioner/s

Versus

1. The State Of Bihar Through District Agriculture Officer, Purnia, Police, Purnia Null Null

2. The Superintendent Of Police Purnia

3. The District Agriculture Officer, Purnia

4. The Sub-Divisional Agriculture Officer, Purnia .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Respondent/s : Mr. SC 16 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-09-2015 The petitioner seeks quashing of the order dated 5.9.2012 and 7.1.2013 passed by the District Agriculture Officer, Purnia suspending and debarring petitioner's retail fertilizers licence no.65 of 2010-11.

There appears to be a patent error in the order dated 7.1.2013 passed by the District Agriculture Officer, Purnia. It appears from the impugned order dated 7.1.2013 that show cause was issued with respect to licence no.41 of 2011-12, whereas cancellation order is passed with respect to licence no.65 of 201011. Learned State counsel submits that there could be typographical error in the impugned order with respect to licence

Patna High Court CWJC No.12319 of 2013 (3) dt.21-09-2015 number.

Having regard to the facts and circumstances of the case, the impugned order dated 7.1.2013 passed by the District Agriculture Officer, Purnia is not sustainable in law and is accordingly set aside. The matter is remitted to the District Agriculture Officer, Purnia to proceed afresh in accordance with law.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U