SIA RAM Vs. DISTRICT AGRICULTURE OFFICER SULTANPUR

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India on the allegation that he had been selling fertilisers (including ammonium sulphate and urea) in Sultanpur for ten years next preceding the date of filing of the petition. On 29th of March 1957 the Government of India declared fertilisers, both inorganic as well as organic as also mixed, as essential commodities under the Essential Commodities Act. On 23-4-1957 the Government of India issued the Fertilizers (Control) Order of 1957 (hereinafter called the Order) under Section:3 of the Essential Commodities Act, 1955. On 30th of December 1958 the U. P. Government ordered that from 1st of February 1959 no person shall carry on the business of selling fertilizers except under a licence and in accordance with its terms and conditions. The District Agriculture Officer was appointed the licensing authority. In pursuance of the aforesaid order of the State Government the petitioner made an application for a licence to sell fertilizers in Form A as prescribed under para 6 of the Order. The licensing authority granted a licence to the petitioner to sell fertilisers except pooled fertilisers in the State subject to the terms and conditions prescribed in the said licence. The petitioner applied to the Assistant Registrar, Co-operative Societies, Sultanpur, for 100 bags of ammonium sulphate but the same was refused. On 3rd of August 1959 the District Agriculture Officer, Sultanpur, informed the petitioner that he could not sell ammonium sulphate, urea and ammonium sulphate nitrate as the licence granted to him did not include the same. It is further alleged by the petitioner in the petition as also in the affidavit filed in support of it that he had been selling these varieties of fertilisers for a long time past and in case he is not allowed tc sell them he would lose his business and suffer irreparable loss and injury. On these facts the petitioner has prayed fof the issue of a writ of Ccrtiorari or such other suitable writ, direction or order of like nature quashing the notice dated 3-8-1959 issued by the District Agriculture Officer to the petitioner prohibiting him from selling ammonium sulphate, urea and ammonium sulphate nitrate. There is also a prayer for the issue of a writ of mandamus commanding the respondents to supply to the petitioner "the fertilisers in accordance with the rules for supply."

(2.) A counter affidavit sworn by Sri Ali Sher Khan, District Agriculture Officer, Sultanpur, has been filed on behalf of the respondents. It is not necessary to mention all the allegations made in this counter affidavit and I am mentioning only the material ones. It is stated that the distribution and supply of pooled fertilisers which consist of ammonium sulphate, ammonium sulphate nitrate and urea due to scarcity of stock are controlled by the Government of India and they release the stock of these materials according to the demands of the State Government. The State Government have appointed the Prantiya-Co-operative Federation, Ltd., and the U, P. Co-operative Cane Union Federation, Ltd., as their agents for the distribution of these chemical fertilisers on certain conditions. The sale of Chemical fertilisers is restricted to the genuine cultivators including vegetable growers, horticulturists and farmers within the State limit and as these fertilisers are controlled they cannot reach the hands of market dealers without pool measure, It is also alleged in the counter affidavit that for the reasons mentioned above the licence which was given to the petitioner did not permit the sale of pooled fertilisers. It is also alleged that under U. P. Government notification No. 12871/XII-A748/57 dated 30-121958 an appeal lies to the Director of Agriculture, U. P., against the order of the licensing authority. It is further alleged that inasmuch as the petitioner did not file an appeal his petition should be rejected. In the counter affidavit it is also mentioned that vide FU/FO 825C/13206 dated 30-8- 1959 the Deputy Director, Fertilisers and Manures, U. P., informed the licensing authority that no licence for pooled fertilisers should be issued to private Individuals.

(3.) No rejoinder affidavit has been filed to this counter affidavit. A supplementary counter affidavit was also filed by Sri Ali Sher Khan. It is stated in this supplementary counter affidavit that the Government of India have issued the following orders in connection with the distribution of pooled fertilisers: