Neutral Citation No. - 2025:AHC-LKO:27062 Court No. - 6 Case :- WRIT - C No. - 4413 of 2025 Petitioner :- M/S Pashupati Everest Ply Wood Pvt. Ltd. Thru. Authorized Signatory Respondent :- The Appellate Authority/Director Of Agriculture, U.P. Krishi Bhawan, Lko. And Another Counsel for Petitioner :- Durgesh Vijay Srivastava Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. Petitioner has approached this Court challenging the order dated 28.10.2024 passed by the appellate authority as well as order dated 14.02.2024 passed by the Registering/Notified Authority under the Fertilizers (Control) Order, 1985. It appears that during the appellate stage, two samples were taken. One was sent to laboratory for analysis and the second sampler was given to petition and the third sample was not got tested. Without testing the third sample, the appeal was decided and both the samples were found having sub-standard contents. Learned counsel for petitioner submits that the petitioner has right to get the third sample tested and without giving opportunity of testing the third sample, the impugned order is passed. Learned counsel for petitioner relies upon the judgment dated 12.8.2016 of this Court in Writ Petition No.18884 (M/S) of 2016 (M/s. Swaroop Agro Chemical Industries. Vs. Appellate Authority/Director Agriculture Lko. and another) in which this Court had considered the matter at length and held that the petitioner has also got right to get his third sample tested from the Central laboratory. Looking into the facts and circumstances of the case, and in view of aforesaid law settled, the order dated 28.10.2024 is set aside and the matter is remanded back to the appellate authority. The appellate authority shall forthwith send the third sample as provided under the Rules for testing and decide the appeal accordingly on the basis of the report in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 8.5.2025/Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench