SHAKTI FERTILIZER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Namrata Mishra, learned Advocate for the petitioner and Mr. Dhurjati Kumar Prasad, GP-14, for the State.

(2.) The petitioner has challenged the order of the District Agriculture Officer, Araria, whereby he has been debarred from carrying on the business of sale of fertilizer.

(3.) Though the writ petitioner has raised a grievance that he was not noticed before passing the aforesaid order of debarment, but the learned counsel for the State has controverted such argument on the basis of a communication made by the District Agriculture Officer, Araria, contained in Annexure-3 to the writ petition bearing C.W.J.C. No.6584 of 2019, wherein the dealer was made known that during the evaluation by the authorities, it was found that the fertilizer was not being sold by e-POS machine which was a breach of the Fertilizer(Control) Order, 1985 (in short the Control Order), entailing cancellation of license. The petitioner was asked to present himself along with the machine before the District Agriculture Officer. That not having been done, it has been urged on behalf of the State, the order of debarment has rightly been passed.