Umesh Singh vs The State Of Bihar
2023 Latest Caselaw 853 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15529 of 2022
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Umesh Singh Son of Basawan Mahto, Resident of Village-Makarain, Dalmiyanagar, P.S.-Dehri (Town), District-Rohtas, Proprietor of Messrs Maa Khad Bhandar, Khudra Khad Vikreta, Makarain, Rohtas, PIN-821307.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Agriculture Department, Government of Bihar, Patna.

2. The Additional Chief Secretary, Agriculture Department, Government of Bihar, Patna.

3. The Director, Agriculture Department, Government of Bihar, Patna.

4. The Joint Director (Shashya), Upadan, Agriculture Directorate, Agriculture Building, Mithapur, Patna, PIN-800001.

5. The Joint Director (Shashya)-cum-Appellate Officer, Patna Commissioner, Patna.

6. The District Magistrate, Rohtas.

7. The District Agriculture Officer, Rohtas.

8. The Additional Sub-Divisional Officer, Dehri, Rohtas.

9. The Additional Election Officer, Dehri, Rohtas.

10. The Block Development Officer, Dehri, Rohtas.

11. The Block Agriculture Officer, Dehri, Rohtas.

12. The In-Charge Fertilizer Inspector, Dehri-cum-Block Agriculture Officer, Nasariganj, Rohtas.

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

For the Petitioner/s : Mr.Sunil Kumar Singh No.10, Advocate Mr. Rakesh Kumar Ranjan, Advocate For the Respondent/s : Mr.Dhurjati Kumar Prasad, G.P.14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-02-2023

Heard Mr. Sunil Kumar Singh, learned counsel

assisted by Mr. Rakesh Kumar Ranjan, learned counsel

appearing on behalf of the petitioner and Mr. Dhurjati Kumar

Prasad, learned G.P-14 for the State.

Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

2. In the present writ application, the petitioner has

sought for following relief(s):

"(1) For quashing the order dated 22/07/2021 contained in Letter No. 1296 and the order dated 23/11/2021 contained in Memo No. 2112 and the order dated 07/09/2022 passed by the Joint Director (Shashya), Patna Commissioner, Patna contained in Letter No. 1825 dated 08/09/2022, whereby and where under the appeal against the order contained in Memo No. 460 dated 20/02/2021 filed under Order 32A of the Fertiliser Control Order. 1985 by the petitioner has been rejected on the technical ground i.e. appeal filed after statuary period and the has not filed any limitation petition.

(11) For quashing the order dated 20/02/2021 passed by the District Agriculture Officer, Rohtas by which Licence of petitioner for selling Fertiliser contained as Licence No. 33 of 2019-20 has been cancelled without considering the show cause of petitioner.

(III) For issuance of a direction upon the respondent authorities to restore the Fertiliser Licence No. 33 of 2019-20.

(IV) For any other relief/reliefs, which the Hon'ble Court may be grant to the petitioner in the interest of justice."

3. The petitioner is aggrieved by the Show Cause

Notice allegedly issued in his name by the S.D.O., Dehri,

Rohtas as the same was not handed over to him pursuant to the

inspection dated 10.01.2021 pointing certain irregularities

alleged to have been committed by the petitioner in violation of

the terms and conditions of the license No. 33 of 2019-20 as

well as the provision of the 'Fertilizer Control Order'.

4. Learned counsel appearing on behalf of the

petitioner submitted that the petitioner has not been provided Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

show cause notice, inspection report on which the F.I.R. was

lodged for certain violation of terms and conditions of the

license and the provisions of fertilizer control order. The F.I.R.

contains a copy of inspection conducted by team headed by

Additional Election Officer, Dehri, Rohtas, Block Development

Officer, Dehri, Rohtas, Block Agriculture Officer, Dehri,

Rohtas and Sub-Divisional Officer, Dehri, Rohtas on

09.01.2021. Pursuant to the filing of the F.I.R. such action

were taken against the petitioner. However, petitioner was

never served with the copy of inspection report nor the same

was attached with the F.I.R. which finds reference in Annexure-

2 to the F.I.R. The petitioner, in absence of acquisition made

against him, has been denied his right to rebut the same. He

further submitted that in course of investigation the same was

not collected. On these grounds the petitioner seeks direction for

restoration of his license after quashing the impugned

cancellation order.

5. Learned counsel appearing on behalf of the

respondents submitted that petitioner has violated the terms and

conditions of the license. Referring to certain paragraphs of the

counter affidavit, he submitted that petitioner was indulged in

black marketing for which Dehri Town (Dalmia Nagar O.P) P.S. Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

Case No. 24 of 2021 was lodged on 10.01.2021 under Sections

03(3) of Fertilize Control Order, 1985 and Sections 7(I)(a)(i) of

the Essential Commodities Act. After providing sufficient

opportunity of hearing, the license of the petitioner was

cancelled vide order dated 460, dated 28.02.2021 by the

District Agriculture Officer, Rohtas and the same has been

communicated to the petitioner. Thereafter, the petitioner has

filed revision before the Revisional Authority no interference

was required by the divisional authority and he has uphold the

cancellation of license of the petitioner. The quasi judicial

authorities have categorically held that petitioner was involved

in black marketing and as such the present writ petition is not

maintainable.

6. Having considered the rival submission of the

parties, materials available on record and on careful

consideration of the allegation made in the F.I.R., which is

based on the inspection having been done by the joint inspecting

team of Additional Election Officer, Dehri, Rohtas, Block

Development Officer, Dehri, Rohtas, Block Agriculture Officer,

Dehri, Rohtas and Sub-Divisional Officer, Dehri, Rohtas on

09.01.2021, Dehri Town (Dalmia Nagar O.P) P.S. Case No. 24

of 2021 was lodged on 10.01.2021 under Sections 03(3) of Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

Fertilize Control Order, 1985 and Sections 7(I)(a)(i) of the

Essential Commodities Act on the basis of information given by

Incharge Fertilize Inspector, Dehri -cum-Block Agriculture

Officer, Dehri, Rohtas. On perusal of the F.I.R. it appears that

the joint inspection which was conducted on 09.01.2021 with

respect to some of the licensee of Dehri block reveals that

Annexure-2 has not been made part of the F.I.R. The grievance

of the petitioner is that no show cause was issued to him before

cancelling his license. The averments made in the counter

affidavit is also not specific on that point, however, in paragraph

Nos. 6 and 7 specific averments have been made, which inter

alia reproduced hereunder:

"6. That so far the matter of the instant writ in short is that the petitioner was having a licence of fertilizer bearing its No. 33 of 12019-20 for selling fertilizer at village Makrain, P.S. Dehri. Town District Rohtas, Bihar, under the name of MESSERS MAA KHAD BHANDAR, Makrain, Rohtas, which has been investigated by an inspection team leading by S.D.O., Dehri, and on 09.01.2021, during the course of inspection of the petitioners' fertilizer's shop it was found that the Open bag of fertilizer was kept in the petitioner's shop and the excess prices than that of the fixed government rate has been taken by the petitioner from the farmers. It was further alleged that during the course of inspection stock register has not been produced by the petitioner before the team. Hence, the petitioner as proprietor of Maa Khad Bhandar, Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

Makrain, Rohtas, violated the fertilizers Control Order 1985. Hence after suspension of lienee of the petitioner a show- cause has been called for to the petitioner by District Agriculture Officer, Rohtas, and also an F I R has been lodged against the petitioner in Dehri- Dalmianagar P.S. bearing P.S. Case No.24 of 2021 on dated 10.01.2021 U/S 7 (i) (a) (i) of the E.C. Act U/S 03 (3) of F.C.O. which is annexed Writ petition.

7. That after receiving the show-cause of the petitioner it was found that there was no sufficient cause given with respect to allegation alleging against the petitioners. Hence the the licence of petitioner has been cancelled by District Agriculture Officer, Rohtas bearing Memo No. 400 dated 20.02.21 which is annexed as Annexure-5 with the writ petition, against which the petitioner had sent a petition through Registered post on 13.07.2021 to the Joint Director (Shashya) Patna Division, Patna, which was stand rejected due to time barred. The order contained in letter No.1296 dated 21.07.2021 is already annexed Annexure-7 this Writ petition. After that this petitioner filed a petition for condonation of delay before the Joint Director (Shashya), Patna dated 26.7.22 over which the hearing has been made on 17.11.22 in presence of the petitioner but there sufficient cause has been produced by the petitioner with respect to the delay. Hence, the appeal No.31 of 2021-22 of the, petitioner has been rejected by vide Memo No.2112 dated 23.11.21 which is annexed as Annexure 9 with the writ petition."

7. From perusal of the record, prima facie, it

appears that authorities have proceeded to cancel the license of

the petitioner without giving a copy of show cause along with Patna High Court CWJC No.15529 of 2022 dt.21-02-2023

inspection report, which apparently in the opinion of the Court,

is not in accordance with law. Though, the petitioner has not

pleaded as to whether he has raised this point before the

licensing authority, appellate authority or the revisional

authority in absence of any acquisition made available to the

petitioner.

8. In such circumstances, the action of the Sub-

Divisional Officer in cancelling the license of the petitioner is

hereby quashed and accordingly, the order dated 22.07.2021,

23.11.2021, 07.09.2022 and order dated 20.02.2021 passed by

the District Agriculture Officer, Rohtas are also set aside. The

authority may take action in accordance with.

9. With the above observations and directions, the

present writ petitioner stands disposed of.

                                                 (Purnendu Singh, J)
manish/minu
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.02.2023
Transmission Date       27.02.2023