Punjab-Haryana High Court
M/S Shriram Fertilizer And Chemicals vs State Of Haryana And Ors on 10 March, 2015
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 3910 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
121
CWP No. 3910 of 2015
Date of Decision: March 10, 2015
M/s Shriram Fertilizer & Chemicals
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Rakesh Verma, Advocate
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Counsel for the petitioner contends that the two samples, out of three which were sealed at the time when the samples were taken, have already been tested and the petitioner wants that the third part of the sample of Fertilizer, namely, SSP 14.5% of the sampling dated 03.12.2013 by QCI, Bhiwani taken from the premises of HLRDC Ltd., Bhiwani as supplied by M/s Shriram Fertilizers & Chemicals (petitioner) and manufactured by Ostwal Phoschem (India) Ltd., Bhilwara (Rajasthan), be sent to the Central Insecticides Laboratory, Faridabad.
Petitioner has submitted a representation dated 27.01.2015 (Annexure P-6) to The Director General of Agriculture, PRERNA DATTA Haryana but no decision thereon has been taken or conveyed to the 2015.03.11 10:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh CWP No. 3910 of 2015 2 petitioner. Counsel states that the petitioner, at this stage, would be satisfied if a direction is issued to The Director General of Agriculture, Haryana-respondent No. 2 to consider and decide the representation of the petitioner dated 27.01.2015 (Annexure P-6) within some specified time and convey the decision taken thereon. He further states that in case the request is accepted, further steps be taken by the respondents at an early date. Counsel for the petitioner submits that the petitioner has a right in getting the third part of the samples tested from the Central Fertilizers Laboratory and for this, he placed reliance upon the judgments of the Allahabad High Court, Annexures P-7 and P-8.
Without going into the merits of the case or commenting upon the judgments, on which reliance has been placed by the counsel for the petitioner, the present petition is disposed of with a direction to the Director General of Agriculture, Haryana-respondent No. 2 to consider and take a decision on the representation dated 27.01.2015 (Annexure P-6) within a period of three weeks from the date of receipt of certified copy of the order. Decision so taken be conveyed to the petitioner forthwith. In case the request of the petitioner is accepted, further steps, in accordance with law, be taken at an early date.
March 10, 2015 (AUGUSTINE GEORGE MASIH)
pj JUDGE
PRERNA DATTA
2015.03.11 10:47
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh