HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10578/2025 M/s Dara Chemicals, Having Regd. Office At Khatoni No. 212, 117, Khevat No. 175, 99 Murabba No. 72, Thedi Baba Sawan Singh, District Sirsa (Haryana) Through Its Partner Sushil Kumar ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Agriculture, Pant Krishi Bhawan, Government Of Rajasthan, Jaipur (Raj.) 2. Commissioner (Agriculture), Department Of Agriculture, Jaipur (Raj.) 3. Joint Director (Agriculture) (Quality Control), Agriculture Commissionerate, Jaipur (Raj.) 4. Fertilizer Inspector And Agriculture Officer, Office Of Assistant Director, Agriculture (Extension), Shri Doongargarh, Bikaner ----Respondents For Petitioner(s) : Mr. Tanay Jain For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 28/07/2025 1. Aggrieved by the impugned order dated 22.03.2024 passed by the Commissioner (Agriculture) i.e. the Appellate Authority, instant writ petition has been preferred before this Court. 2. Learned counsel for the petitioner submits that a show cause notice was issued by the Inspector (Fertilizer) to the petitioner on 08.11.2023 with regard to substandard quality of the samples of fertilizer taken by him from the petitioner. Counsel submits that the aforesaid notice was issued to the petitioner by the concerned (2 of 3) [CW-10578/2025] Inspector on 08.11.2023 and immediately thereafter, on the very same day i.e. on 08.11.2023, an application was submitted by the petitioner before the Commissioner (Agriculture) regarding request for retesting of the sample. Counsel submits that the aforesaid application of the petitioner was treated as third appeal and the same has been rejected vide order dated 22.03.2024 by holding that the prayer for third retesting cannot be considered. Counsel submits that in fact, no such third appeal/third application was submitted by the petitioner for retesting, only one application was submitted i.e. on 08.11.2023, but the same was not decided on merits and the order impugned has been passed, hence interference of this Court is warranted. 3. Heard and considered the submissions made at the Bar and perused the material available on the record. 4. Perusal of the record indicates that after getting show cause notice regarding substandard quality of the fertilizer on 08.11.2023, on the very same day, the petitioner submitted an application before the Commissioner (Agriculture) seeking prayer for retesting of the sample of the fertilizer. 5. It appears that the aforesaid application of the petitioner was treated as third appeal by the Commissioner (Agriculture) without looking into it and the same has been rejected, not on merits, but on a technical count that there is no provision for submission of third application for reanalyzing of the sample of fertilizer. In fact, no second or third application was submitted by the petitioner, the petitioner submitted only one application with regard to the aforesaid prayer i.e. for retesting of the sample. (3 of 3) [CW-10578/2025] 6. There is non-application of mind on the part of the Commissioner (Agriculture) while passing the impugned order dated 22.03.2024. Hence, the same is not tenable in the eye of law and is liable to be and is hereby quashed and set-aside. The matter is remitted to the Commissioner (Agriculture) to decide the application dated 08.11.2023 submitted by the petitioner, on merits. 7. Needless to observe that the aforesaid application submitted by the petitioner would be decided by the Commissioner (Agriculture) within a period of 15 days from the date of receipt of certified copy of this order. 8. With the aforesaid observations/directions, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. 9. Before parting with this order, it is made clear that this Court has not issued any order/direction to decide the application in a particular way. The Commissioner would be at liberty to decide the same, strictly in accordance with law. (ANOOP KUMAR DHAND),J KuD/48