Telangana High Court
Mallela Sunil vs The State Of Telangana on 20 August, 2025
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO.23961 OF 2025
ORDER:
This Writ Petition is filed challenging the memo vide Proc.No.RC.No.A/Fertilizer/ADA/2025-26 dated 07.08.2025, issued by respondent No.3, in continuing the suspension of the Certificate of Authorization letter of HACA Farmers Producers Centre, Bela, which was issued earlier on 08.07.2025, without conducting any enquiry as illegal and arbitrary.
2. Learned counsel for the petitioners submitted that the petitioners are the Proprietor and worker of HACA Farmers Producers Centre, Bela. Learned counsel for the petitioners submitted that the respondents have issued a show cause notice dated 08.07.2025 and thereafter, they have also issued the suspension order vide Proceedings No.A1/Fert/ADA/2025-26 dated 08.07.2025 suspending the Certificate of Authorization letter of HACA Farmers Producers Centre, Bela, on the ground of illegal exportation of urea from Telangana to Maharashtra. Learned counsel for the petitioners further submitted that in response to the show cause notice dated 08.07.2025, petitioner No.1 made a representation on 01.08.2025 explaining that 2 bills for 145 bags and 50 bags of urea, totaling 195 bags, were sold and recorded in the names of the farmers and that the said urea was loaded onto the vehicles for export. The grievance of the petitioners is that without considering the explanation/representation, the suspension had been extended vide impugned memo dated 07.08.2025. Therefore, the present Writ Petition has been filed.
3. Learned Government Pleader for Agriculture, appearing for respondents No.1 to 3, has forwarded a copy of the written instructions received by him from the respondents, according to which, the petitioners were found to have contravened various provisions of the Fertilizers (Movement Control) Order 1973 and also the Fertilizers (Organic Inorganic, Mixed) Control Order 1985 and that at the time of seizure, no bills were produced despite the legal requirement under the Fertilizer Control Orders. It is further stated that the petitioners did not cooperate with the officers during the inspection in opening the shop and godown in spite of several requests made over telephone and therefore, the shop and godown were seized.
4. Learned counsel for the petitioners, however, submitted that all the records are in the godown and due to which the petitioners are not 3 able to explain the queries raised by the respondents with documentary evidence.
5. In view of the same, this Court deems it fit and proper to direct the respondents to permit the petitioners to have access to all of their records to enable them to submit their explanation about the urea found in the lorries and also with regard to the shortage, if any, and thereafter, the respondents shall take a decision on the continuation of the suspension order. The entire exercise shall be completed within a period of ten (10) days from the date of receipt of copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
____________________________ JUSTICE T.MADHAVI DEVI Date: 20.08.2025 Note: Issue C.C. by 22.08.2025 B/o.
PAV/PRN