Patna High Court
Kunj Bihary Singh vs The State Of Bihar on 3 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2665 of 2023
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Kunj Bihary Singh, Son of Raj Deo Singh, Resident of Village- Inglis, P.S.-
Barun, Dist- Aurangabad.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Department of
Agriculture, Patna.
2. The Principal Secretary, Department of Agriculture, Bihar Patna.
3. The District Collector, Aurangabad.
4. The Licensing Authority -cum- District Agriculture Officer, Aurangabad.
5. The Block Agriculture Officer, Barun.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate
For the Respondent/s : Mr. Anant Prasad Singh, SC-15
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date : 03-05-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. In compliance of the order dated 03.04.2023, Mr. Ranbir
Singh, the District Agriculture Officer, Aurangabad is present in
person.
3. The petitioner in this case is aggrieved by and
dissatisfied with the order contained in Memo No. 83 dated
10.01.2023 issued under signature of the Licensing Authority-cum-
District Agriculture Officer, Aurangabad whereby and whereunder
the licence of the petitioner for retail sale of fertilizer has been
cancelled.
Patna High Court CWJC No.2665 of 2023 dt.03-05-2023
4. Learned counsel for the petitioner submits that the
impugned order has been passed without giving him an opportunity
of hearing.
5. Mr. Ranbir Singh, the District Agriculture Officer
admits that he had passed the impugned order without giving an
opportunity of hearing to the petitioner but then he explains the
circumstances under which he was constrained to pass the impugned
order. It is stated that when the Fertilizer Inspector went to the shop
of the petitioner during the peak season when the farmers were
looking for fertilizer, the Inspector noticed that the petitioner was
indulged in blackmarketing. The District Agriculture Officer was
reported that when the Inspector called upon the petitioner to explain
his conduct in blackmarketing of the fertilizer, the petitioner became
furious and misbehaved with the Inspector. He submits that because
of the said report, he took immediate step to cancel the licence.
6. Having heard learned counsel for the petitioner, learned
counsel for the State and the District Agriculture Officer who is
present in person, this Court finds that admittedly, the impugned
order has been passed without giving an opportunity of hearing to the
petitioner. The impugned order is, therefore, bad in law inasmuch as
it has been passed in violation of principle of natural justice.
7. As a result of this, the impugned order is liable to be set
aside. It is accordingly set aside.
Patna High Court CWJC No.2665 of 2023 dt.03-05-2023
8. The District Agriculture Officer may issue a show cause
notice, if so advised and only after giving an opportunity of hearing,
an appropriate reasoned decision be taken by the District Agriculture
Officer, Aurangabad within a period of three months from the date of
service of the show cause notice upon the petitioner.
9. For the present, the licence of the petitioner shall be
restored and he shall be allowed to work but constant watch shall be
kept on his conduct in the matter of supply of fertilizer to the
farmers.
10. Let it be recorded that this Court has not gone into the
merit of the case and the District Agriculture Officer may take his
independent view after considering the reply of the petitioner within
the stipulated period.
11. This application stands disposed of accordingly.
12. Personal appearance of the District Agriculture Officer,
Aurangabad is dispensed with.
(Rajeev Ranjan Prasad, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date 04.05.2023
Transmission Date
