IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1516 of 2010 1. M/S KISAN TRACTORS, A PROPRRIETARY CONCERN HAVING ITS PLACE OF BUSINESS A T DEWANA INDUSTRIAL AREA WITHIN BARAUNI INDUSTRIAL ESTATE, P.S- BARAUNI REFINERY, DISTT- BEGUSARI, THROUGH TIS PROPRIETOR, RAM NARESH SINGH, S/O LATE NIRSU SINGH, R/O SINGHAUL POKHAR, P.O0- ULAO, P.S SINGHAUL, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURE PRODUCTION COMMISSONER, VIKSH BHAWAN, BAILEY ROAD, PATNA 2. THE DIRECTOR OF AGRICULTURE-CUM-CONTROLLER, OF FETILIZERS GOVT.OF BIHAR, VIKASH BHAWAN, BAILEY ROAD, PATNA 3. THE DISTRICT AGRICULTURE OFFICER, null DISTT- BEGUSARAI ----------- 2 04.03.2010 It appears that on 29.10.2008, the manufacturing unit of the petitioner, manufacturing NPK mixtures of fertiliser, was raided by the police and other officials. Several of his employees were taken into custody and ultimately a formal first information report was lodged on 01.11.2008 of various derelictions under the Fertiliser Control Orders, 1985. Now by impugned Annexure-2 dated 22.12.2009, the Director (Agriculture), while suspending petitioner’s certificate of registration to manufacture mixtures of fertilizer as contemplated under Clause 31 (2), has issued a show cause as to why the certificate of registration be not cancelled on the ground that on 01.11.2008, samples of NPK mixtures were taken which have been found to be non-standard on analysis. Petitioner has shown cause where the final orders have not been passed. Petitioner has challenged the very sampling on the ground that once the employees have been taken into custody by the police how and where the samples were taken is not known. They have been forced to sign on various papers while in custody on 2 various dates before being sent up for remand on 01.11.2008. It is further submitted that as required by Fertiliser Control Orders, samples have to be taken in three sets, one of which is to be left sealed by the dealer, the other retained by the licensing authority and the third is sent to authorised test laboratory. This procedure has not at all been followed which renders the sampling itself illegal and that cannot form foundation of any future action. Be that as it may, these are questions of fact which should first be decided by the authority concerned. Suffice to say that in terms of Clause 31 (2) of the Fertiliser Control Orders, the suspension having been made on 22.12.2009, as an interim measure without show cause, by virtue of the said very Clause, it stands automatically revoked on expiration of 15 days and petitioner cannot be stopped from carrying on his business. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)