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2025 DAILYLAW 3687 (ALL)

M/S KRISHNA KHAD BHANDAR v. STATE OF U.P. AND ANOTHER

WRIC/393/2025 · 2025-05-25

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89275-DB Court No. - 3 Case :- WRIT - C No. - 393 of 2025 Petitioner :- M/S Krishna Khad Bhandar Respondent :- State of U.P. and Another Counsel for Petitioner :- Arvind Kumar Mishra,Devendra Mishra Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. The present petition has been filed challenging the order dated 08.11.2024 passed by District Agriculture Officer/Fertilizer Notified Authority, District- Bulandshahr, i.e. the respondent no. 2, cancelling the authorization letter issued to the petitioner under the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985. 3. The contention of the petitioner against the aforesaid order is that the same has been passed in violation of the principles of natural justice. The relevant facts of the case are that the petitioner was arrested on 06.10.2024 in Case Crime No. 936 of 2024 registered u/s 318(4), 338, 336(3), 340(2), 61(2) of Bhartiya Nyaya Sanhita, 2023 & 3/7 of Essential Commodities Act, 1955, Police Station- Khurja Nagar, District- Bulandshahr. A showcause notice was issued to the petitioner on 15.10.2024 which appears from the instructions of the Standing Counsel and also from the report of the Chief Judicial Magistrate, Bulandshahr as available on the records of the writ petition, was served on the petitioner on 16.10.2024. The petitioner remained in jail till 29.04.2025 and was released on 29.04.2025. The impugned order was passed on 08.11.2024. Apparently, the petitioner had not submitted his reply to the showcause notice dated 15.10.2024 as he was in jail during the aforesaid period. 4. It is evident from the aforesaid facts that no effective opportunity of hearing was given to the petitioner. In the circumstances, it would be appropriate in the interest of justice that the petitioner may be given a post decisional hearing in the matter. Therefore, we permit the petitioner to submit a representation to the respondent no. 2, District Agriculture Officer/Fertilizer Notified Authority, District- Bulandshahr, who on receiving the said representation shall grant an opportunity of hearing to the petitioner regarding the charges levelled against him in the showcause notice dated 15.10.2024. The proceedings shall be conducted in accordance with law within three months from the date the petitioner submits the representation for post decisional hearing. 5. The impugned order dated 08.11.2024 shall be subject to the decision to be passed by the respondent no. 2 on the representation of the petitioner. 6. With the aforesaid direction, the petition is disposed of. Order Date :- 26.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad