(1.) THIS court ordered notice before admission on 12/10/2007. Counter affidavit is filed.
(2.) M/s. Sri Sai Agrictech, represented by its proprietor, filed the present writ petition for a writ of Mandamus to declare the Proceedings No. SR Cell (1)264/2007, dated 04. 07. 2007 of the second respondent and as confirmed by the first respondent in proceedings dated 18. 08. 2007, as being illegal, irregular, unreasonable, arbitrary exercise of powers in gross violation of principles of natural justice apart from being contrary to the provisions of the Seeds Act, 1966 (hereinafter in short referred to as 'the Seeds Act') and the Seeds (Control) Order, 1983 (hereinafter in short referred to as 'the control Order') and consequently, set aside the same with a further direction to the respondents to restore the licence and renew the same and pass such other orders.
(3.) SRI S. V. Bhatt, the learned counsel representing the writ petitioner, had taken this court through the affidavit and the counter affidavit and also the relevant clauses of the Control Order and would submit that in view of the facts and circumstances, it is clear that an opportunity of being heard as specified under clause 15 of the Control Order had not been complied with. It would be appropriate to set-aside these orders and give an opportunity to the petitioner to make an application in accordance with law and let the competent authority consider such application not being influenced by the observation, if any made already, in the proceedings in question. The learned counsel had drawn the attention of this court to the relevant clauses of the Control Order and also the relevant provisions of the Seeds Act.