IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6295 of 2009 M/S KISHAN BEEJ BHANDAR, Gulabbagh, Purnea through its Proprietor Ganesh Kuma son of late Premlal Mandal, resident of N.H. 31,Gulabbagh, P.S. Sadar, District- Purnea. Versus 1. THE STATE OF BIHAR 2. The Director (Agriculture),Bihar,Patna 3. The District Agriculture Officer, Purnea. ----------- 3 21.5.09 The present writ application is directed against the order of cancellation of petitioner’s Certificate of Registration by the District Agriculture Officer, Purnea ,as communicated to the petitioner under memo no. 215 dated 25.4.09. A short issue has been raised by the learned counsel for the petitioner. As would be apparent from the records that pursuant to an inspection done in the business premises a report was submitted to the Director (Agriculture),Bihar, Patna. Pursuant to the said report Director of Agriculture ,Bihar,Patna issued notice to show cause against cancellation. Petitioner field his show cause before the Director (Agriculture) Bihar, Patna. Having perused the show cause , the Director (Agriculture), Bihar, Patna, directed the District Agriculture Officer,Purnia to cancel petitioner’s registration. It is submitted that this is not permissible inasmuch as it is the District Agriculture Officer who is the registering authority so far as petitioner is concerned. District agriculture Officer had nether assumed jurisdiction in the matter by issuance of any show cause notice nor had considered the matter. He acted merely on the dictates of Director, Agriculture, Bihar, Patna who had no jurisdiction in the matter. Both the Director (Agriculture),Bihar,Patna and the District Agriculture - 2 - Officer, Purnea are the statutory authorities and these authorities have to work within the confine of jurisdiction conferred to them. The action is thus wholly without jurisdiction . The Director(Agriculture),Bihar,Patna is the usurper of the authority and such action cannot be sustained. The impugned order, as contained in Annexure 4 of the District Agriculture Officer, Purnea, is hereby set aside. The writ petition is allowed. singh (Navaniti Prasad Singh, J.)