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Patna High Court - Orders

Amar Kumar Das vs The State Of Bihar on 26 February, 2020

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9333 of 2019
                 ======================================================
                 Amar Kumar Das Son of Late. Bhagwat Lal Das, Resident of village- Fauzi
                 Colony, Ward no. 4, Forbesganj, P.s.- Forbesganj, District- Araria.

                                                                    ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Agriculture, Govt. of Bihar, Patna.
           2.    The Principal Secretary Department of Agriculture, Govt. of Bihar, Patna.
           3.    The Director (Chemistry) Department of Agriculture, Govt. of Bihar, Patna.
           4.    The Joint - Director (Chemistry) Department of Agriculture, Govt. of Bihar,
                 Patna.
           5.    The District Agriculture Officer Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Navjot Yeshu
                 For the Respondent/s   :      Mr.Awanish Nandan Sinha (Gp21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   26-02-2020

The lis of the present writ petition has now come to an end, hence, a consent order is being passed with the agreement of the parties to the effect that since the license of the petitioner pertaining to M/S Bajrang Trading, Forbesganj, Ward No.7, District Araria for operating fertilizer shop as also Godown attached with the sale depot has been renewed upto 30.3.2020 vide order dated 30.07.2019 passed by the District Agriculture Officer, Araria, the order dated 30.7.2019 passed by the District Agriculture Officer, Araria, staying the operation of the aforesaid order of renewal of licence, till disposal of the present writ petition, is illegal and baseless, hence it to be treated as null Patna High Court CWJC No.9333 of 2019(4) dt.26-02-2020 2/2 and void.

It is further agreed in between the parties that since the fertilizer samples, which were taken during the course of inspection, have been found to be standard in nature, upon analysis of the sample by the Quality Control Department, Bihar, Patna, as is apparent from report dated 7.1.2019 (Annexure-5 to the writ petition), the respondent authorities would unseal the fertilizer shop as also the godown of the petitioner forthwith and the possession thereof shall be handed over to the petitioner along with the goods lying therein.

The writ petition stands disposed of with the consent of the parties on the aforesaid terms in light of the earlier order of this Court dated 4.6.2019.

(Mohit Kumar Shah, J) Tiwary/-

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