IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2370 of 2010
ANIL KUMAR CHAURASIA
Versus
THE STATE OF BIHAR & ANR.
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04/ 22.11.2010 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. This writ petition has been filed by the
petitioner, who is the Proprietor of Ravi Khad Beej Bhandar at
village Bakarur, P.S. Sonepur in the district of Saran and had
been holding licences for carrying on business in fertilizers and
seeds.
3. The grievance of the petitioner is against order
dated 28.11.2009 (Annexure-3) by which the District
Agriculture Officer, Saran (respondent no.2) suspended
petitioner’s Licence Nos.02 and 04 dated 04.11.2009 granted
for carrying on business of fertilizers and seeds, respectively.
4. Learned counsel for the respondents submits
that an F.I.R. was lodged against the petitioner for offence
punishable under section 7 of the Essential Commodities Act
and proceeding of cancellation of the said licences is going on
and as an interim measure the said order of suspension has
been passed. Learned counsel for the respondents further prays
for two weeks adjournment for filing counter affidavit.
5. This case is pending since 09.02.2010 when
two copies of writ petition were served upon learned counsel
for the respondents, but till date neither any instruction has
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been sent by the authorities concerned nor any counter
affidavit has been filed on behalf of the respondents, although
adjournment had been granted on two occasions, namely
04.10.2010 and 04.11.2010 for the said purpose. It may be
noted that on the last date the case was adjourned as a matter of
last chance on the request of learned counsel for the
respondents, but today it is stated that in spite of repeated
requests no instruction has been received and hence no counter
affidavit could be filed. This appears to be only a time taking
exercise due to which the articles kept with the petitioner is
bound to deteriorate or perish.
6. Clause 31(2) of the Fertilizer (Control) Order,
1985 gives power of interim suspension and it is specifically
provided that such suspension shall continue only for fifteen
days. This aspect of the matter had been considered by a
Division Bench of this Court in case of Messrs S.R. Fertilizer
& Chemicals Private Limited and another vs. The State of
Bihar and another, reported in 1990 (2) P.L.J.R. 516 in which it
was held that suspension of certificate of registration during
pendency of cancellation proceedings will be deemed to be
revoked on expiry of fifteen days of the order of suspension, if
no final order in cancellation proceedings is passed during the
period. It is an admitted fact that order of suspension had been
passed on 28.11.2009 and till date no final order in the
cancellation proceeding has been passed.
7. In the said circumstances, the operation of the
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impugned order dated 28.11.2009 (Annexure-3) passed by the
District Agriculture Officer, Saran (respondent no.2) shall
remain stayed during the pendency of the writ petition.
8. As prayed by learned counsel for the
respondents, put up this case on 06.12.2010 under the same
heading retaining its position.
Harish (S.N. Hussain, J.)