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Amit Kumar Jain v. The State Of Madhya Pradesh
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 30thOF JANUARY, 2025 WRIT PETITION No. 17856 of 2023
AMIT KUMAR JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Kumar Tiwari - Advocate for the petitioner. Shri Deepak Sahu - Panel Lawyer for the State.
ORDER
The petitioner is challenging impugned order Annexure P-3 dated 21.12.2022 passed by the District Licensing Authority (Fertilizer)/ Deputy Director, Farmer Welfare and Agriculture Development, Sagar cancelling the licence of the petitioner which has been affirmed by the appellate authority, namely, Joint Director, Jabalpur vide order dated 11.05.2023. Petitioner's contention is that Section 31 (1) of the Fertilizer (Control) Order, 1985 envisages an opportunity of being heard before suspension or cancellation of certificate of registration but no such opportunity was granted to the petitioner.
Shri Deepak Sahu, learned Panel Lawyer agrees that no notice was issued to the petitioner in compliance of Section 31 (1) of the Fertilizer Control Order, 1985 and therefore, when no notice was given and mandatory compliance of requirement of Section 31 (1) of the Fertilizer (Control) Order, 1985 was not made, then the impugned orders cannot be
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(VIVEK AGARWAL)
JUDGE
sustained in the eyes of law. Accordingly, the impugned orders are hereby quashed. The matter is remitted to the licensing authority to issue a show cause notice and pass a fresh order in accordance with law. In the above terms, the writ petition is disposed of. ks
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