Allahabad High Court
Ram Sewak Gupta vs State Of U.P. And 6 Others on 23 February, 2021
Bench: Surya Prakash Kesarwani, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - C No. - 4544 of 2021 Petitioner :- Ram Sewak Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Love Lesh Kumar Verma Counsel for Respondent :- C.S.C.,Pramod Kumar Singh Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Vinod, Advocate, holding brief of Sri Pranav Kumar Singh, learned counsel for the respondent No. 7.
This writ petition has been filed praying for the following relief:-
(i) Issue a writ, order or direction in the nature of certiorari quash the impugned order dated 09.12.2020 passed by Assistant Commissioner & Registrar Sahkarita Banda and impugned order dated 21.12.2020 passed by Deputy General Manager IFFCO.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to continue supply of fertilizers at the shop of the petitioner.
Briefly stated facts of the present case are that a center named i.e. IFFDC, Krishak Seva Kendra, Baberu, District Banda was established under the order of respondent no.6- District Agricultural Officer, Banda, District Banda/authorized officer dated 12.09.2020 for supply and sale of UREA, NPK, DAP and all other product of IFFCO. The petitioner herein was granted a licence on 18.09.2013 for a period of three years to run the aforesaid center. The licence was further renewed from time to time. The Baberu Dakshani Seva Sahkari Samiti Limited Baberu (Banda) has also issued "no objection certificate" on 18.09.2014 and 22.07.2015 for sale and supply of fertilizer of IFFCO from the aforesaid center by the petitioner. It appears that Senior Area Manager, IFFCO, District Banda has also requested the respondent No. 6 (District Agriculture Officer, Banda, District Banda) to continue supply of fertilizer to the aforesaid IFFDC, Krishak Seva Kendra, Baberu, District Banda. The respondent no.6 has also written a letter (Annexure No.5 to the writ petition) to the respondent no.4/Joint Director of Agriculture, Chitrakoot Dham Mandal, Banda, intimating that unnecessary false complaint has been made against the aforesaid IFFDC, Krishak Seva Kendra, Baberu, District Banda by the Secretary of Baberu Dakshani Seva Sahkari Samiti Limited Baberu (Banda).
It appears that respondent No.7 was granted a licence for sale of fertilizer of IFFCO from another IFFDC, Krishak Seva Kendra, Tola Simauni Dham, Block Baberu, District Banda. It appears that the local M.L.A. wrote a letter dated 26.10. 2017 to the respondent no.6 to grant permission for establishing the IFFDC, Krishak Seva Kendra, Baberu, District Banda to a place in Baberu Town. However, the Deputy Chief Manager, IFFCO wrote a letter dated 28.08.2018 to the respondent no.6 cancelling the authorization of the respondent no.7 on the ground that it is being run on different place and thus, recommended to cancel the licence for sale of fertilizer. It further appears that on the insistence of the local M.L.A., the licnece of the respondent no.7 was restored by the respondent No.6 vide order dated 31.08.2018. The licence of the respondent no.7 was again cancelled by the respondent no.6 vide order dated 19.11.2020.
It is alleged that local M.L.A. wrote a letter dated 08.12.2020 to the respondent no.4 to stop supply of the fertilizer to the petitioner's center on the ground that said center is being run within 500 meters radious of Baberu Dakshani Seva Sahkari Samiti Limited Baberu (Banda). It is alleged that on the basis of the said letter, the respondent no.5 passed the impugned order dated 09.12.2020 recommending to stop the supply of fertilizer to the petitioner's center and consequential impugned order dated 21.12.2020 has been passed by the respondent no.3. Aggrieved with these two orders, the petitioner has filed the present writ petition.
Perusal of the impugned order dated 09.12.2020 shows that the respondent No.5 has passed it without considering the " No Objection" of the concerned Baberu Dakshani Seva Sahkari Samiti Limited Baberu (Banda) and other material facts, which were available on record. It further appears that the impugned order has been passed against the petitioner without affording any opportunity of hearing. The impugned order dated 21.12.2020 is merely consequential to the order dated 09.12.2020.
Considering the facts and circumstances as briefly noted above and with the consent of the learned Standing Counsel, the impugned order dated 09.12.2020 is hereby quashed. The respondent no.4/competent authority is directed to pass afresh a reasoned and speaking order after affording opportunity of hearing to the petitioner, expeditiously, preferably within next six weeks without being influenced by any observations made in the body of this order.
Since, we have quashed the impugned order dated 09.12.2020, therefore, the impugned order dated 21.12.2020 is also quashed. The respondent no.3 shall abide by the decision of respondent no.4/competent authority.
The writ petition is allowed to the extent indicated above.
Order Date :- 23.2.2021 T.S.