IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2141 of 2007 M/S JAGDAMBA AGENCY, a Proprietorship Firm having its place of business at Laukahi, P S – Laukahi, District – Madhubani through its Proprietor, Hemant Kumar Gupta alias Hemant Kumar, son of Sri Vishwanath Prasad Gupta, resident of Laukahi, P S – Laukahi, District – Madhubani. , Versus 1. THE STATE OF BIHAR through the Agricultural Produce Commissioner, New Secretariat, Patna. 2. The District Magistrate, Madhubani. 3. The District Agriculture Officer, Madhubani. ----------- 07. 21.04.2010 The question raised in the present writ application is no longer required to be decided afresh in view of the decision which has been rendered in the case of New Balaji Fertiliser & ors vs. The State of Bihar and another, reported in 2008(2) PLJR 395. Law has already been laid down that restriction of the kind not to operate a fertilizer shop under the Fertiliser Control Order within five kilometers of Nepal Boarder can not be passed in absence of any law in this regard. Executive fiat is not the law within the meaning of Article 19(6) of the Constitution and restriction cannot be imposed upon the right of the petitioner to operate the trade and activity in terms of licence. Ratio of the case applies to the present writ application. The writ application is allowed and the order dated 30.11.2006, contained in Annexure-2 is hereby quashed. rkp ( Ajay Kumar Tripathi, J )