M/S Krishak Bandhu Shar Bhandar v. The State of Assam and 3 Ors

ORDER

27.02.2023 Heard Shri Y.S. Mannan, learned counsel for the petitioner. Also heard Ms. R. Bora, learned Standing Counsel, Agriculture Department appearing for respondent Nos. 1, 2 and 3. Shri N. Goswami, learned State Counsel has appeared for respondent No. 4.

¶2Considering the facts and circumstances and also taking into account the nature of the grievance, this writ petition is taken up for disposal.

¶3The facts projected in this writ petition is that the petitioner was a fertilizer retailer under the District Agriculture Officer, Morigaon with license upto 16.11.2025. The petitioner claims to be in the business of retail fertilizer since 2010 and has his shop at Tarajan Market in the Morigaon district.

¶4The petitioner was however arrested on 21.03.2022 in connection with CID Case No. 2/2022. It is the case of the petitioner that in the FIR, her name was not there and after her arrest, she was granted bail by this Court on 09.06.2022. Thereafter, the zimma of the articles were also given to the petitioner by the Chief Judicial Magistrate, Kamrup (M) vide order dated 18.07.2022, whereafter the petitioner resumed her business of retailed fertilizer. The grievance of the petitioner is against an order of suspension as fertilizer retailer which was issued on 22.07.2022.

¶5By drawing the attention of this Court to the Bio Fertilizers and Organic Fertilizers in Fertilizer (Control) Order 1985, more particularly Clause 31(1), the learned counsel for the petitioner has submitted that though the power to place a license for the suspension is there, the tenure of such suspension is limited to 15 days from the date of issue. The learned counsel has submitted that suspension in the instant case of the license was done on 22.07.2022 after the petitioner was released Page No.# 3/3 on bail after his arrest on 21.03.2022. He submits that the stipulation in Clause 31(1) being clear, there cannot be any reason to prolong the order of suspension. He further submits that no opportunity of hearing has been given to the petitioner till date.

¶6Ms. R. Bora, learned Standing Counsel, Agriculture Department however submits that the present suspension is after his arrest in a CID case and the investigation is still going on and therefore at this stage if the suspension is revoked, the investigation may be prejudiced.

¶7After hearing the parties and on perusal of the materials on record, this Court is of the view that when the order in question stipulates that an order of suspension can be for a period of 15 days in which an opportunity of hearing has to be given to the concerned party and the categorical case projected by the petitioner is that no such opportunity was granted to him, the mandate of law will take its course. The averment that the petitioner has not been granted an opportunity of hearing has not been refuted by the Department.

¶8In view of the above, the impugned order of suspension of license of the petitioner dated 22.07.2022 stands set aside and quashed.

¶9Writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010033372023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/970/2023o M/SoKRISHAKoBANDHUoSHARoBHANDARo VILLAGE-oTORAJANo(GORMARI),oP.O.oMIKIRBHETA,oDIST.-oMORIGAON,o ASSAM,oREP.oBYoMS.oKUDUSIAoBEGUM,oAGEDoABOUTo30oYEARS,oD/O-oMD.o ABDULoKASHEM,oR/O-oTARAJAN,oWARDoNO.7,oP.O.oANDoP.S.oMIKIRBHETA,o DIST.-oMORIGAON,oASSAM,oPIN-o782106 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oAGRICULTUREo DEPTT.,oGUWAHATI 2:THEoDIRECTORoOFoAGRICULTURE oASSAM oKHANAPARA oGUWAHATI 3:THEoDISTRICToAGRICULTUREoOFFICER oMORIGAON oASSAM 4:THEoDY.oCOMMISSIONER oMORIGAON oDIST.-oMORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMR.oYoSoMANNANo AdvocateoforotheoRespondento:oSC,oAGRI.oDEPARTMENToo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI