Arun Kumar Singh v. The State Of Bihar and Ors.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14611 of 2012 ====================================================== 1. Arun Kumar Singh S/O Jairam Singh Resident Of Araria, Ward No. 4, P.S. Araria, District Araria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Sub Divisional Agriculture Officer, Araria. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the Respondent/s : Mr. Ram Shankar Prasad, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 14-08-2012 In effect petitioner has come to this Court only for declaration that the suspension of his fertilizer licence dated 18.10.2011, as contained in Annexure-1, does not survive in view of provisions of clause 31 (ii) of the Fertilizer Control Order, 1985. Learned counsel for the petitioner points out that licence can be suspended under this provision with opportunity of hearing to the licensee within 15 days from the date of issue of order, failing which the suspension order automatically stands revoked without prejudiced to the authorities in respect of any further action.

The first and second proviso of sub-clause (ii) of clause 31 make it clear that the suspension order can be issued giving opportunity to a licensee to be heard within 15 days. The second

Patna High Court CWJC No.14611 of 2012 (2) dt.14-08-2012

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proviso does mention that “if no final order is passed within the period as prescribed above the order of interim suspension shall be deemed to have been revoked…………..”

Learned counsel for the petitioner, on instructions, submits that, after suspension of licence by the impugned annexure-1, neither any show cause notice was given to the petitioner nor any final orders have been passed.