IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18671 of 2008 SACHINDRA KUMAR SINGH, son of Sri. Vidya Singh, proprietor of M/s- Deepak Agency, Resident of Bari Pahari, P.S.-Agamkuan, District-Patna. …….Petitioner Versus 1. The State Of Bihar 2. District Agriculture Officer, Patna. …….Respondents. ----------- 03. 09.11.2009 Challenge to Annexure-1 dated 03.12.2008 in the present writ application has been thrown by the petitioner on the ground that the order of cancellation of licence issued to the petitioner under Fertilizer(Control) order, 1985 is in violation of Clause-31 of the order. Categorical stand has been taken by the petitioner that no show cause or opportunity of hearing has been given to the petitioner and no grounds are indicated on which the said licence has come to be terminated. The order per se being in breach of the provision of the control order requires interference by this Court. Counsel for the State was granted time on 15th of January, 2009 to file counter affidavit and an interim order of stay as well was passed in this regard. No counter affidavit has been filed till today. In other words either the State is reluctant to justify the order which they also feel is indefensible or they want this Court to interfere on the judicial side and save them from embarrassment in the 2 matter. Whatever be the strategy of the State, the petitioner has succeeded in making out the case for interference with the order being illegal on the face of the record. The writ application is allowed. Annexure-1 dated 03.12.2008 passed by the Respondent District Agriculture Officer, Patna is hereby quashed. The District Agriculture Officer, Patna is hereby cautioned before exercising his authority in such a callous and arbitrary manner. The writ application stands allowed. Shageer (Ajay Kumar Tripathi, J)