N.G.Fertilizers And Chemicals Private Limited v. The State Of Telangana

THE HON'BLE SRI JUSTI CE S.V.BHATT W RI T PETI TI ON No.3 6 1 8 5 of 2 0 1 6 ORDER:

Petitioner prays for the following relief:

"... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.3 acknowledging the Memorandum of Intimation bearing On-line Registration Application No.FERT-W-164296, dated 25-07-2016 submitted by the petitioner in Form-Al, intending to carry on its business in the State of Telangana and issuance of the acknowledgment of receipt in Form No.A-2 enabling the petitioner to carry on its business in the State of Telangana as arbitrary, illegal, abdication of the statutory duty cast on him and violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g) & 21 of the Constitution of India and consequently direct the respondent No.3 to issue an acknowledgement of receipt in Form A-2 acknowledging the Memorandum of Intimation bearing On-line Registration Application No.FERT-W-164296, dated 25-07-2016 submitted by the petitioner in Form-A1 forthwith ..."

2.

The Assistant Government Pleader, on 26.10.2016, has taken time to get instructions. The written instructions, received in this behalf, are placed on record.

3.

I am not proposing to examine the writ prayer or the reasons now assigned by respondents. What cannot be denied by respondents is that if the petitioner intends to do business in mixture fertilizers, petitioner is required to apply in Form-A1 and enabled by issuing acknowledgement in Form-A2.

Since the statement is made by respondents that if the petitioner applies in Form-A1, the same will be attended to, the writ petition is disposed of by directing respondents to receive Form-A1 and communicate acknowledgment in Form-A2. The petitioner, for undertaking the above said exercise, is given one week time from today, and the respondents are directed to communicate acknowledgement in Form-A2 within fifteen (15) days from the date of receipt of such application from the petitioner. Since a few allegations are made by the petitioner against respondents, to avoid further debate on these allegations, the petitioner is given liberty to download the uploaded documents and send hard copies by Registered Post Acknowledgement Due to respondents within the time granted by this Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. ____________ S. V. BHATT, J November 14, 2016 DSK