IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE THIRTY FIRST DAY OF JULY, TWO THOUSAND NINE WRIT PETITION No.15604 of 2009 Between: M/s.Vinayaka Fertilizers Limited, Nayakneri Road, V.Kota, Chittoor District, reptd., by its Proprietor- B.R.Sankar Babu, s/o. B.V.Ramakrishnaiah Setty, 29 yrs. … Petitioner And: The State of Andhra Pradesh, reptd., by its Assistant Director of Agriculture, Palamner, Chittoor District and two others. … Respondents Counsel for the Petitioner: Sri K.Ramamohan Mahadeva. Counsel for the Respondents: GP for Agriculture. This Court made the following: ORDER:- This Writ Petition is filed questioning order dated Nil-7-2009 passed by respondent No.3, whereby fertilizers worth about Rs.99,366-62 ps., seized from the petitioner's premises, were directed to be sold in public auction. Sri K.Ramamohan Mahadeva, learned counsel for the petitioner, submitted that due to ill-health the petitioner could not make an application for renewal of his fertilizers license, which expired on 04-6-2009, and that, a few days later, the fertilizers were seized on the ground that the petitioner's license was not renewed. The learned Government Pleader for Agriculture, on instructions, submitted that the petitioner’s license has lapsed as he has failed to apply for its renewal, and that, therefore, storage of fertilizers without license is illegal. I have carefully considered the submissions of the learned counsel for the parties. The fact that the petitioner had license till 04-6-2009 is admitted. According to the petitioner, due to his severe ill-health on account of fever and jaundice between 2-6-2009 and 11-7-2009, he could not apply for renewal; and that after his recovery when he sought to apply, the application was not received by the Assistant Director of Agriculture, Palamaner, Chittoor District. In my considered view, detention of fertilizers seized does not serve any purpose. The short ground on which the fertilizers were seized was that the petitioner did not get his license renewed. It is required to be noticed that the search and seizure was made a few days after expiry of the license. Under these circumstances, I feel it appropriate to direct the respondents to release the seized stocks to the petitioner subject to his furnishing bank guarantee for its value. The Assistant Director of Agriculture, Palamner, Chittoor District, respondent No.1 herein, is directed to receive the petitioner’s application for renewal, if made, within a period of one week from today; and shall dispose of the said application within one week thereafter. Till the disposal of the said application, the petitioner shall not sell the fertilizers. If the petitioner’s license is renewed, he is entitled to continue the business. Otherwise, the respondents shall take appropriate action in respect of the fertilizers released to the petitioner. Subject to the above directions, the Writ Petition is disposed of. --------------------------------------- -- C.V.NAGARJUNA REDDY, J Date:31 -7-2009 MNR