Vishal Mishra, J.:— Learned counsel for the rival parties are heard.
2. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/physical distancing in letter and spirit.
3. In this present petition under Article 226 Constitution of India the petitioner is aggrieved by inaction on the part of respondents, by which despite completion of suspension period, fertilizer license of the petitioner has been kept suspended which is clearly violation of proviso of sub clause to Clause 31 of Fertilizer (Control) Order 1985 (in short as ‘FCO 1985’), wherein, it has been mentioned that in case of suspension after giving him opportunity of being heard, pass final order either revoking the order of suspension or debarment within 15 days and further provided that no final order passed within specified period, order of interim suspension shall be deem to have revoked without prejudice, but in the present matter after passing the order of suspension neither any opportunity of hearing has been provided nor any final order has been passed. In this respect the petitioner had moved representation and prayed for resuming the license in view of the Clause 31(2) of the FCO 1985, which is pending for consideration.
4. At this stage, learned counsel for the petitioner confines his argument to the extend that a direction may be issued for consideration of fresh representation as per law which is to be filed by the petitioner.
5. On the other hand, learned counsel for respondents/State has no objection to the innocuous prayer made by the petitioners.
6. Considering, the fact situation of the case, petition is disposed of with a direction to the petitioner to file fresh representation to respondent/competent authority within a period of seven days along with certified copy of the order passed today. In turn, respondents/competent authority is directed to decide the same within a period of one month from the date of receipt of certified copy of this order and shall pass self contained speaking order and communicate the outcome of the same to the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. The petition stands disposed off. No order as to costs.