HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27753 of 2011 Date: 12.10.2011 Between : M/s. Babburi Agro Industries, Kurnool District. … Petitioner and The Assistant Director of Agriculture (R), Nandyal, Kurnool District and others. … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27753 of 2011 ORDER : Heard Sri Challa Siva Sankar, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Agriculture appearing for the respondents. 2. The petitioner is a partnership firm, which is engaged in the business of processing the seeds. It has obtained licence under the provisions of the Seeds (Control) Order, 1983 (for brevity “the Control Order”) and also is a holder of certificate of registration granted under the provisions of Andhra Pradesh Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2007 (for brevity “the Act”). On the ground that it has undertaken processing of the seeds of another company, namely M/s. Raasi seeds Private Limited, and also not maintaining the required stock registers properly, the licence and the certificate of registration granted to the petitioner were cancelled by the 2nd respondent-Joint Director of Agriculture, Kurnool, in proceedings Roc.No.D6/1962/2011, dated 17.5.2011. As against the said order, the petitioner preferred an appeal before the 3rd respondent- Commissioner of Agriculture, Andhra Pradesh, Hyderabad, on 25.5.2011. As no orders are passed in the said appeal, the petitioner has filed the present writ petition to set aside the impugned order dated 17.5.2011, as arbitrary and illegal. 3. The main contention of the learned counsel for the petitioner is that the allegations made against the petitioner in the impugned order are not correct and the same is passed in gross violation of the principles of natural justice. It is submitted by the learned counsel that though the petitioner preferred an appeal before the 3rd respondent as early as on 25.5.2011, the appellate authority has not considered the said appeal. 4. On the other hand, the learned Government Pleader submits that in view of the pendency of the appeal, the petitioner cannot pursue a parallel remedy challenging the very same impugned order by way of filing the present writ petition. He also submits that inasmuch as the petitioner has undertaken processing of the seeds unauthorisedly and not maintaining the required stock registers, the impugned order is passed. 5. Admittedly, a perusal of the impugned order shows that there is no indication of giving any notice and prior opportunity before cancelling the licence of the petitioner. With regard to the allegations in the impugned order, though it is urged by the learned counsel for the petitioner that the said allegations are false and incorrect, in view of the pendency of appeal before the 3rd respondent-appellate authority, it is not proper to record any finding on the said allegations. However, as is evident from the impugned order, before cancelling the licence, the petitioner was not given an opportunity of hearing. Therefore, I am of the view, prima-facie, the impugned order is passed in dis-regard to the statutory provisions of the Control Order and the Act and also in violation of the principles of natural justice. 6. Therefore, in view of the pendency of the appeal before the 3rd respondent and also having regard to the nature of the allegations made against the petitioner, I deem it appropriate to dispose of the writ petition directing 3rd respondent-appellate authority to consider the appeal filed by the petitioner and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of three months from today, after giving notice and opportunity of hearing to the petitioner. Till final disposal of the said appeal by the 3rd respondent, the impugned proceedings Roc.No.D6/1962/2011, dated 17.5.2011 issued by the 2nd respondent-primary authority shall remain suspended. It is made clear that the petitioner shall comply all the statutory requirements with regard to processing of seeds, which it undertakes hereafter. 7. Subject to the above directions, the writ petition is disposed of, at the admission stage. No order as to costs. _______________________________ JUSTICE R. SUBHASH REDDY 12.10.2011. NOTE: Issue C.C. in three days. (B/O) Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27753 of 2011 12.10.2011 Msr