M/S CHAURASIYA KHAN VIKRAITA v. STATE OF U.P. AND 2 OTHERS
WRIC/35418/2026 · 2026-09-07
Indrajeet Shukla, J J Munir
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5135 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35418 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J. Heard learned Counsel for the petitioner and Ms. Amrita Singh, learned Additional Chief Standing Counsel appearing on behalf of the State. In view of the orders that we propose to pass, we are of opinion that no notice need be issued to the respondents. However, in the event, the respondents feel aggrieved by the order, it will be open to them to make an application in the decided matter. A reading of the impugned order shows that the petitioner's fertilizer licence has been suspended on the basis of the mere fact that a consignment of fertilizer, being 60 bags of DAP, was being carried by an independent carrier under an invoice issued by the India Seed Company Amona, Itwa Bazar, Siddharth Nagar through its proprietor Abdul Gaffar with an invoice in the petitioner's name. The consigner firm is said to be one that does not hold a licence to sell fertilizer. The bags of fertilizer have been seized, but pending an explanation from the petitioner, his fertilizer registration certification/ licence has been suspended, leading to adverse civil consequence. The petitioner may submit a reply to the District Agriculture Officer/ Notified Authority (Fertilizer), District Siddharth Nagar, if not already submitted, who will pass a reasoned and speaking order with reference to evidence as may be produced by parties. It will be open to the petitioner to show that in fact the fertilizer was not ordered by him from the consigner firm and the consigner firm will also be put to notice and it Versus Counsel for Petitioner(s) : Surendra Mohan Mishra Counsel for Respondent(s) : C.S.C. M/S Chaurasiya Khan Vikraita .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
would be open to them to show that they hold the requisite licence. All other defences shall be open to the petitioner and the consigner. The District Agriculture Officer/ Notified Authority (Fertilizer), District Siddharth Nagar will pass final orders within a period of one month from the date of receipt of a copy of this order and the petitioner will file his reply within a week, if already not filed.
Till final orders are passed by the District Agriculture Officer/ Notified Authority (Fertilizer), District Siddharth Nagar, the suspension of the petitioner's fertilizer registration certification/ fertilizer licence shall remain stayed and the petitioner will be free to deal in fertilizers according to the conditions of his licence/ registration certificate. This petition is disposed of in terms of the aforesaid orders. Let this order be communicated to the District Agriculture Officer/ Notified Authority (Fertilizer), District Siddharth Nagar through the learned Chief Judicial Magistrate, Siddharth Nagar by the Registrar (Compliance) within 24 hours. September 8, 2026 Anoop WRIC No. 35418 of 2026 2 (Indrajeet Shukla,J.) (J.J. Munir,J.) Digitally signed by :- ANOOP KUMAR SINGH High Court of Judicature at Allahabad