APHC010014302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 821/2025 Between: 1. SIVA SANKARA FERTILIZERS, REP. BY ITS PROPRIETOR. BALANAGU SIVA KOTESWARA RAO, D.NO 20-1-27, PILLORI BHAVI AREA, OPP. PEDA MASJIDH, SATTENAPALLI TOWN AND MANDAL, PALNADU DISTRICT. ANDHRA PARADESH, INDIA. 522403. 2. BALANAGU SIVA KOTESWARA RAO,, PROPRIETOR OF M/S. SIVA SANKAR FERTILIZERS, D.NO 20-1-27. PILLORI BHAVI AREA, OPP. PEDA MASJIDH, SATTENAPALLI TOWN AND MANDAL, PALNADU DISTRICT. ANDHRA PARADESH, INDIA. 522403. CELL.8328505935, E. MAIL ID AKBALANAQU@QMAIL.COM. ...PETITIONER(S) AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. EMAIL I.D PRISECY AGR@AP.GOV.IN 2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, GOVERNMENT OF ANDHRA PRADESH, OLD MIRCHI YARD, NALLAPADU ROIAD, CHUTTUGUNTA GUNTUR CITY AND DISTRICT.522004. E-MAIL COMAGR.AP@GMAIL.COM 3. THE DISTRICT AGRICULTURE OFFICER, PALNADU, LINGAMGUNTIA AGRAHARAM RURAL, NARASARAOPETA. PALNADU DISTRICT. ANDHRA PRADESH. 522601. E.MAIL.ID.DAOPALNADU@GMAIL.COM 4. THE INSECTICIDE INSPECTOR AND ASST DIRECTOR OF AGRICULTURE R, SATTENAPALLI (FAC) OFFICE IN MARKET YARD.SATTENAPALLI TOWN AND MANDAL, PALNADU DISTRICT, ANDHRA PRADESH 522403. E.MAIL.ID.AOSATTENAPALLI@GMAIL.COM ...RESPONDENT(S): THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the 3rd respondent passing cancelation of Pesticides License P.L.No.45 of 2020, without initiating any proceedings known to law. The 3rd respondent order of cancelation of my Pesticide License without consideration of my explanations and summations, as illegal, arbitrary, without jurisdiction, volatile of Articles 14, and 19 of the Constitution of India and consequently direct the 3rd respondent to revoke the proceeding under Rc.No.C2/459/2024, dated 28-11-2024 pass order of cancelation of my pesticides License P.LNo.45 /2020 and pass such other order.” 2. Heard the learned counsel for the petitioners and learned Government Pleader for Agriculture appearing for respondent Nos.1 to 4. 3. The case of the petitioners herein is that the 2nd petitioner is the proprietor of 1st petitioner concern/firm running the business of fertilizers and pesticides since past five years. He was also granted a license in P.L.No.45 of 2020 for carrying out such business of fertilizers as well as pesticides. The 1st petitioner also registered with G.S.T. Authorities as an entity and carrying out the business of fertilizers and pesticides. 4. While things stood thus, the 3rd respondent herein passed an order dated 28.11.2024, after following due procedure i.e., by issuing show cause notice and after considering the explanation of the 2nd petitioner cancelled the license of the 1st petitioner bearing No.P.L.No.45 of 2020 vide order dated 28.11.2024. Aggrieved by the same, the 2nd petitioner already preferred an appeal before the Appellate Authority on 30.12.2024. The appeal is pending before the Appellate Authority which was not considered. Thereafter the 2nd petitioner herein filed interlocutory application before the Appellate Authority but the same was also not considered even after lapse of 10 days. Having no other option, the 2nd petitioner herein preferred the present Writ Petition. 5. Learned counsel for the petitioners further submits that during the pending of the appeal, the 4th respondent herein has been threatening the petitioner and interfering with the business activities of the 2nd petitioner. 6. On the other hand, learned Government Pleader for Agriculture appearing for respondents submits that the impugned order dated 28.11.2024 was passed after considering detailed explanation of the petitioners. He further submits that since the petitioners have already preferred the appeal, the Appellate Authority can dispose of the appeal as per the statutory period provided for such disposal. He further submits that the appeal is filed only on 30.12.2024 and without waiting for completion of statutory period, the petitioner approached this Court by invoking the extraordinary Jurisdiction against Appellate Authorities. 7. Learned Government Pleader for respondents further submits that petitioner prosecuting the matter by way of appeal as well as the present Writ Petition simultaneously, which is contrary to the settled proposition of law. He further submits that the petitioner is not entitled to prosecute the same matter in two forums at a time and therefore, this Court can direct the Appellate Authority to dispose of the appeal within a time frame. 8. Having regard to the submissions made by learned counsel for the petitioners and learned Government Pleader for Agriculture appearing for respondents, this Court is of the considered view that the present Writ Petition can be disposed of. 9. Accordingly, the Writ Petition is disposed of directing the Appellate Authority i.e., 2nd respondent herein to consider the appeal of the petitioners dated 28.12.2024, which was received on 30.12.2024 along with interlocutory application of the petitioners, within a period of two (02) months, from the date of receipt of a copy of this Order by providing an opportunity of hearing to the petitioners, dispose of the same. In the meanwhile, the 4th respondent herein is directed not to initiate any further proceedings to interfere with the business activities of fertilizers and pesticides business of the petitioners herein. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date: 10.01.2025 M M KK KK 111 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No:821 of 2025 Date: 10.01.2025 M M KK KK