Mahesh Uddhaorao Wandhare vs State Of Mah. Thr. Dist. ...
2023 Latest Caselaw 8024 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.


                    CRIMINAL WRIT PETITION NO.506 OF 2023

                Mahesh Uddhaorao Wandhare, A/o 38
                years, Occu : Business, R/o Santaji
                Nagar, Chichordi, Kesurli Ward,
                Bhadrawati, Dist. Chandrapur being the
                Proprietor of M/s Jagannath Baba
                Krushi Kendra Bhadrawati Dist.
                Chandrapur.
                                                                ... PETITIONER.

                                       VERSUS


       1.       State of Maharashtra, through
                its District Superintendent
                Agricultural Officer, Chandrapur
                /Competent Authority.

       2.       Taluka Agricultural Officer,
                Bhandrawati, Distt. Chandrapur.

       3.       Agricultural Officer and Inspector
                Seeds, Fertilizers and Insecticides
                Panchayat Samittee, Bhadrawati,
                Distt. Chandrapur.

                                                           ... RESPONDENTS.

  _____________________________________________________________
              Shri A.A. Dhawas, Advocate for the petitioner.
              Shri Doifode, A.P.P. for the respondents/State.
   ______________________________________________________________




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                      CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 08.08.2023.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

RULE. Rule made returnable forthwith.

2. Heard finally by consent of learned Counsel appearing for

the parties.

3. The District Superintendent Agricultural Officer has

conducted a raid and seized the seeds and other material from the

possession of the petitioner alleging violation of the provisions of the

Seeds Act, 1966, Insecticides Act and the Fertilizer Control Order. The

principal grievance is that while the petitioner was in jail, show cause

notice was served on his father, and thus, no opportunity of hearing

was given resulting into passing of the impugned order. There is no

denial to said fact that the notice was not personally served on the

petitioner.

4. In view of the above, the impugned orders dated

10.07.2023 are hereby set aside. The Good seized/sealed shall remain

as it is subject to the further orders, which may be passed.

5. The petitioner on the basis of same show cause notice, shall

remain present before the respondent no.1 District Superintendent

Agricultural Officer, Chandrapur on 17.08.2023 at 11.00 a.m. with all

document and explanation.

6. The concerned Authority shall decide the matter afresh

after hearing the petitioner, within one week from the date of the first

appearance of the petitioner.

7. The petition stands disposed of accordingly. No order as to

costs.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

Trupti