The Court disposed of batch writ petitions challenging the delay in returning original licenses after cancellation orders were set aside in earlier proceedings. The Court directed the authorities to return the licenses forthwith.
Directing respondents to return original licenses in Form-C to the petitioners forthwith.
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THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION Nos.12052, 12083, 12092, 12113, 12115 and 12118 of 2017 COMMON ORDER:
Since the petitioners herein share a similar grievance, this Court deems it appropriate to dispose of all these Writ Petitions by way of this common order.
Petitioners are the licensees under the Seeds Act, 1966. Followed by show cause notice, dated 30.09.2016, issued by the Joint Director of Agriculture, Khammam, and submission of explanation by the petitioners, the District Agriculture Officer, Khammam, issued memoranda, dated 15.10.2016, cancelling the license of the petitioners under Clause 15 of the Seed Control Order, 1983. Questioning the said cancellation, the petitioners filed Writ Petition Nos.37959, 37954, 37907, 37994, 37896 and 37961 of 2016 and this Court disposed of the said Writ Petitions on 04.11.2016 setting aside the said memoranda and remitting the matters to the Joint Director of Agriculture, Khammam, for fresh disposal within one week from the said date after considering the explanation submitted by the petitioners.
The grievance of the petitioners in this batch of Writ Petitions is that though the cancellation orders were set aside, no orders have been passed so far by the respondents in terms of the earlier orders of this Court nor the respondents have returned the
AVSS, J W.P.No.12052 of 2017 and batch
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original licenses to them and because of the same, the petitioners are suffering irreparable loss and hardship and they are not in a position to carry on their business also.
There is absolutely no dispute that pursuant to the orders, dated 04.11.2016 passed by this Court in the aforesaid Writ Petitions, no further action has been taken by the respondents.
The reason submitted by the learned Special Government
Pleader for the said inaction on the part of the authorities is bifurcation of the Districts.
This Court does not find any justification on the part of the respondent authorities in not returning the original license to the petitioners when once this Court did set aside the orders of cancellation.
Therefore, the Writ Petitions are disposed of, directing respondents 4 and 5 to return the original licenses in Form-C forthwith to the petitioners. It is made clear that the respondents are at liberty to proceed in accordance with law.
Consequently, Miscellaneous Petitions, if any pending in these Writ Petitions, shall stand closed. No order as to costs.
_________________ A.V.SESHA SAI, J
20th APRIL, 2017. kvni
1 issue framed by the court
Whether the respondent authorities are directed to return the original licenses to the petitioners after the cancellation orders were set aside by this Court.
1 provisions across 1 enactments
Petitioners (Licensees)
Respondents 4 and 5
A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
