M/S. Sakata Seeds India Pvt. Ltd., v. The State Of Telangana
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33575 of 2017 ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. The petitioner is a company registered under the Companies Act, 1956, and is doing business in production, processing, packing, storage and sale of seeds of different varieties for the purpose of germination. The licence was obtained under the Seeds (Control) Order, 1983, and is valid upto 17.11.2018. While so, a show cause notice was issued to the petitioner on 18.10.2016 alleging certain irregularities with regard to the sale of seeds and the petitioner submitted its explanation on 21.10.2016. In spite of the same, the licensing authority passed an order on 07.11.2016 suspending the licence for indefinite period.
Against the same, the petitioner filed an appeal before the Commissioner and Director of Agriculture, who is not a party to the present Writ Petition, on 10.11.2016 and the same was received by the said Commissioner and Director of Agriculture on 22.12.2016. When no orders were passed in the appeal, the petitioner filed the present Writ Petition challenging the order of the licensing authority dated 07.11.2016.
Since a statutory appeal is pending before the Commissioner and Director of Agriculture, this Court is not
inclined to entertain the present Writ Petition, but directs the Commissioner and Director of Agriculture, Telangana, Near L.B.Stadium, Basheerbagh, Hyderabad, to consider and dispose of the appeal of the petitioner dated 10.11.2016 received by him on 22.12.2016, within a period of eight weeks from the date of receipt of a copy of this order, after hearing the petitioner. The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 09.10.2017 Note: Issue C.C in one week.
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