Andhra Pradesh High Court - Amravati
M/S Sree Lakshmi Fertilizers And ... vs The State Of Ap on 7 September, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
i (SHOW CAUSE NOTICE BEFORE ADMISSION) \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATK2== (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 15766 OF 2020 Between: 1. Mis Sree Lakshmi Fertilizers And Pesticides, Rep by its Managing Partner Gujjula Gowrishwar Naidu, S/o G. Marenna, Age. 46, D.No 4-88-4, K.G. Road, Nandikotkur- 518401, Kurnool District, A.P. 2. Gujjula Gowrishwar Naidu, S/o. G. Marenna, Age. 46, D.No 4-88-4, K.G. Road, Nandikotkur- 518401, Kurnool District, Andhra Pradesh Petitioners AND 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Agriculture A.P. Secretariat at Amaravathi, Guntur District.A.P. 2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh,Old Mirchi Yard, Nallapu Road, Chuttagunta, Guntur-522004,A.P. 3, Joint Director of Agriculture, Kurnool, Collectorate Complex, Opp Govt General COVID-19 Hospital, Kurnool District-518002, AP. 4. Asst. Director of Agriculture (Regular), Nandikotkur, Nandikotkur Sub-Division, Kurnool Dist-518401 A.P. 5. Mandala Agricultural Officer, Nandikotkur Agriculture (Regular) Nandikotkur, NandiKotkur Sub-Division, Kurnool Dist-518401 A.P Respondents
WHEREAS the Petitioners above named through their Advocate SRI.KALAGATLA KOTESWARA RAO presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in suspending the Licence/authorization vide No. KNL/O8/ADA/FR/2013/7138 under the impugned Suspension Order Proc.No.A/FCO-Urea/2020, dated 21-08-2020 without following the principles of natural justice and statutory provisions is harsh, oppressive, unreasonable and arbitrary and liable to be set aside, consequently the Honourable Court may be pleased to call for the records from the 4th Respondent regarding the Impugned Order vide Proc./No.A/FCO-Urea/2020, dated 21/08/2020 and set aside the same and directing the Respondents to allow the Petitioners to continue the business under license/authorization No. KNL/O8/ADA/FR/2013/71 38;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRILKALAGATLA KOTESWARA RAO Advocate for the Petitioners and of learned Government Pleader for Agriculture for Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. .
You viz:
4. The Principal Secretary, Department of Agriculture, State of Andk AP. Secretariat at Amaravathi, Guntt istrictA.P.
2. The Commissioner and Direct vernme Pradesh,Old Mirchi Yard, N
3. Joint Director of Agriculture, Kurnool, Collectorate Complex, Opp Govt General COVID-19 Hospital, Kurnool District-518002, A.P.
4. Asst. Director of Agriculture (Regular), Nandikotkur, Nandikotkur Sub- Division, Kurnool Dist-518401 A.P.
5. Mandala Agricultural Officer, Nandikotkur Agriculture (Regular) Nandikotkur, NandiKotkur Sub-Division, Kurnool Dist-518401 A.P are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before .2020, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension of the impugned Order vide Proc./No.A/FCO-Urea/2020, dated 24/08/2020 of the 4th Respondent, pending disposal of Writ Petition No.15766 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Assistant Government Pleader seeks time to file counter.
This writ petition is filed questioning the action of the 4" respondent in issuing the proceedings No.A/FCO-Urea/2020, dated 21.08.2020, whereby the petitioners licence/ authorization vide No.KNL/08/ADA/FR/2013/7138 was suspended.
Learned counsel for the petitioners submits that an undated show cause notice was served on the petitioners, on 25.08.2020, to show cause as to why the petitioners' licence shall not be temporarily suspended/permanently cancelled for non-authentication of Aadhar based Fertiliser distribution to the farmers through E-Pos machine. A written explanation was given by the petitioners on the same day. However, inter alia stating that the explanation submitted by the petitioners is not convincing, the petitioners were served with the impugned proceedings on the very same day, i.e., on 25.08.2020 suspending the petitioners licence; nevertheless totally on a different ground viz., that the petitioners sold the fertilisers in huge quantity to a single buyer i.e., Panugati Sivanna. The said ground is not mentioned in the show cause notice.
Learned counsel further submits that the impugned notice is issued in utter violation of the principles of natural justice and contrary to the letter of the Special Deputy Collector, National Highways, Kurnool, addressed to the Joint Collector, Kurnool, stating that the verification team have inspected the wholesale dealers outlets pertaining to the petitioners and another and found that there is no variation in respect of the stocks issued to retailers from wholesalers and the letter of the Tahsildar, Nandikotkur, addressed to the District Revenue Officer, Kurnool, stating that the petitioner distributed the urea stocks 133.74 (MT) quantities to the original cultivators of Nandikotkur Mandal farmers only. Hence, the impugned proceeding is illegal and arbitrary.
A perusal of the impugned proceedings reflects that as it was noticed vide AGRI-FER/73/2020, dated 19.08.2020 of the Joint Director of Agriculture, Kurnool, that the petitioners sold the fertilisers in huge quantity to a single buyer -- Panugati Sivanna; that records were not maintained in the prescribed formats; the stock book balances, ground balances and DBT e-Pos machine closing balances are not tallied; and clause 35(1)(a)(b) of the Fertilizer Control Order, 1985, was violated, the petitioners licence was suspended. | It is the case of the petitioners that the said proceedings of the Joint Director of Agriculture and the details of violations were not brought to the notice of the petitioners in the show cause notice to enable the petitioners to give an effective explanation. | In the facts and circumstances of the case, having regard to the submissions of the counsel for the petitioners and on perusal of the record, this Court is satisfied that the petitioners have shown sufficient cause for granting an interim order.
Accordingly, there shall be interim suspension as prayed for.
P 09.2020.
ost on 21.09.2020 Sd/- R. KARTHIKEYAN ASSISTANT REGJSTRAR [TRUE COPYI// he For ASSISTANT REGISTRAR To,
4. The Principal Secretary, Department of Agriculture, State of Andhra Pradesh, AP. Secretariat at Amaravathi, Guntur District.A.P.
2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh,Old Mirchi Yard, Nallapu Road, Chuttagunta, Guntur-522004,A.P.
3. Joint Director of Agriculture, Kurnool, Collectorate Complex, Opp Govt General COVID-19 Hospital, Kurnool District-518002, A.P.
4. Asst. Director of Agriculture (Regular), Nandikotkur, Nandikotkur Sub-Division, Kurnool Dist-518401 A.P.
5. Mandala Agricultural Officer, Nandikotkur Agriculture (Regular) Nandikotkur, NandiKotkur Sub-Division, Kurnool Dist-518401 A.P (1 to 5 by RPAD- along with a copy of petition and affidavit) One CC to SRILKKALAGATLA KOTESWARA RAO Advocate [OPUC] Two CCs to GP FOR AGRICULTURE, High Court Of Andhra Pradesh. [OUT] One spare copy OND SRL HIGH COURT MGRJ DATED:07/09/2020 NOTE: POST ON 21.09.2020 NOTICE BEFORE ADMISSION WP.No.15766 of 2020 INTERIM SUSPENSION