IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11604 of 2011 Binay Kumar, S/O Sri Chandradeo Singh, R/O Village - Bikrama, P.S. - Bikram, Distt. – Patna. . . . . . Petitioner. Versus 1. The State of Bihar. 2. The Sub Divisional Agriculture Officer, Danapur, Patna. . . . . . Respondents. For the Petitioner : Mr. N. K. Agrawal, Sr. Advocate, : Mr. D. N. Tewari, Advocate. For the State : AC to GA. 3. ---------------------------------- 3/ 13.10.2011 In the instant writ application, the petitioner prays for opening the seal of the business premises / godown in connection with Bikram P.S. case no. 177 of 2010 under Section 7 of the Essential Commodities Act. The petitioner submits that he is a proprietor of M/s Maharani Enterprises having due license bearing no.01(R) 2007 under Fertilizer Control Order, 1985. Learned counsel submits that the law does not provide sealing of the business premises. He further submits that the respondents can seize the fertilizer but they could not seal the business premises and in support of his submission, learned counsel has referred Annexure-3, which is a decision of this Court passed in case of Sanjay Kumar Jha Vs. The State of Bihar & Anr. (C.W.J.C. No.4364 of 2007). In the aforesaid decision, a Bench of this Court has held that sealing of the business premises under the Fertilizer Control Order, 1985 for violation of any clause of the Fertilizer Control Order, is not permissible under law. The petitioner submits that he had already deposited renewal fees for extension of license and unless and until the license is suspended or cancelled, it 2 would be deemed that license has been renewed for further period. In view of the aforesaid position in law, I am left with no option but to direct the authority concerned to unseal the petitioner’s business premises / godown. Let this order be communicated through FAX at the cost of the petitioner. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)