Allahabad High Court
M/S CHAURASIYA KHAN VIKRAITAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The suspension of the petitioner’s fertilizer licence is stayed, and the District Agriculture Officer is directed to hear the parties and pass a reasoned order within a month.
Summary
The petitioner, M/s Chaurasiya Khan Vikraita, challenged the suspension of its fertilizer licence after 60 bags of DAP were seized, allegedly shipped by an unlicensed consigner under an invoice in the petitioner's name. The High Court held that the suspension should be stayed pending a hearing, directing the District Agriculture Officer (Fertilizer) of Siddharth Nagar to consider the petitioner's explanation and the consigner's licence status. The court ordered the petitioner to file a reply within a week, if not already done, and the District Officer to pass a reasoned order within one month of receiving the court's order. Until such final orders are made, the petitioner may continue to deal in fertilizers under the conditions of its existing licence. The petition was consequently disposed of with the stay order in place.
Issues considered
- Whether the suspension of the fertilizer licence without prior notice is legally valid.
- Whether the petitioner is entitled to a stay of the suspension pending a hearing.
- Whether the District Agriculture Officer must pass a reasoned order after hearing both parties.
Subjects
- fertilizer licence
- suspension
- stay order
- administrative law
- district agriculture officer
- seizure of goods
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35418 of 2026
M/S Chaurasiya Khan Vikraita
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra Mohan Mishra
Counsel for Respondent(s) : C.S.C.
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
WRIC No. 35418 of 2026
2
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.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 8, 2026
Anoop
Digitally signed by :-
ANOOP KUMAR SINGH
High Court of Judicature at Allahabad
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