IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.757 of 2008 1.THE STATE OF BIHAR 2. THE DIRECTOR ( AGRICULTURE), BIHAR,PATNA. 3. DISTRICT AGRICULTURE OFFICER,MOTIHARI .. APPELLANTS Versus 1. DINANATH PRASAD SON OF LATE LALITA PRASAD, RESIDENT OF HENRY BAZAR, MOTIHARI, P.S. MOTIHARI, EAST CHAMPARAN, PROP. M/S LALITA PRASAD DINANATH, MOTIHARI, LISENCE NO. 22/05-06. 2. NAWAL KISHORE KUNWAR, SON OF LATE INDRADEV KUNWAR, RESIDENT OF CHIRAIYA, P.S. SARAIYA, DISTT. EAST CHAMPARAN, PROP. OF M/S PURVI CHAMPARAN KRISHAK SEWA SWAWLAMBI SAHAKARI SAMITI, CHIRAIYA, LICENCE NO. 36/03-04. 3. MURARI PRASAD, SON OF LATE MANGAL PD., RESIDENT OF MAIN ORAD, CHHAURANDANO, P.S. CHHAURANDANO, DISTT. EAST CHAMPARAN, PROP. OF M/S MURARI PRASAD RAMBABU, CHHAURANDANA, LISENCE NO. 53/2000-01. 4. JAGDISH PD., SON OF LATE RAM BRIKSH SAH, RESIDENT OF CHHAURADANO, PS. PAKRIDAYAL, DISTT. EAST CHAMPARAN, PROP. OF M/S MITHILESH KUMAR SUNIL KUMAR, CHAURADANO, LISENCE NO. 64/2000-01. 5. JAGDISH PD. KESHRI, SON OF LATE SATYA NARAYAN PD. RESIDENT OF CHORAMA, P.S. PAKRIDAYAL, DISTT. EAST CHAMPARAN, PROP. OF M/S KESHARI KHAD BHANDAR, CHORAMA, LISCENCE NO. 23/04-05. 6. GOVIND KUMAR SIKARIA, SON OF LATE PURUSHOTTAM LAL SIKARIA, RESIDENT OF BANK ROAD, RAXAUL, P.S. RAXAUL, DISTT. EAST CHAMPARAN, PROP. M/S SRI KHAD STORES, RAXAUL, LISCENCE NO. 03/2002-03. 7. DEEPAK KR. SARAF, SON OF SRI GOP CHANDRA SARAF, RESIDENT OF NAHAR CHOWK, RAXAUL, P.S. RAXAUL, DISTRICT EAST CHAMPARAN, PROP. OF M/S CHAMPARAN FERTILIZER, RAXAUL, LISCENCE NO. 302/96-97. 8. GOPAL PRASAD, SON OF SRI RAMJI LAL AGRAWAL, RESIDENT OF HARSIDHI, P.S. HARSIDHI, DISTT. EAST CHAMPARAN, PROP. OF M/S HAKAMBRI KHAD BHANDAR, HARSIDHI, LISENCE NO. 50/03-04. 9. RITESH KUMAR, SON OF SHYAM SUNDAR KHANDELWAL, RESIDENT OF SUGAULI, P.S. SUGAULI, DISTT. EAST CHAMPARAN, PROP. M/S KASHINATH ENTERPRISES PVT. LTD., SUGAULI, LISCENCE NO. 49/05-06. 10. MRIGANK KISHORE, SON OF MITHILESH KISHORE, RESIDENT OF HANUMAN GARHI, MOTIHARI, P.S. MOTIHARI, DISTT. EAST CHAMPARAN, PROP. M/S M.K. FERTILIZER, MOTIHARI, LISENCE NO. 175/05-06. 11. RAGHUBAR PRASAD, SON OF LATE MANSA SAH, RESIDENT OF TELIA PATTI, HENARY BAZAR, MOTIHARI, P.S. - 2 - MOTIHARI, DISTT. EAST CHAMPARAN, PROP. OF M/S PARMAJEE VIJAY KUMAR, MOTIHARI, LISENCE NO. 17/94-95. 12. SITARAM PRASAD, SON OF LATE AMIRI LAL CHOUDHARY, RESIDENT OF CHHAUTAUNI ROAD, MOTIHARI, P.S. MOTIHARI, DISTT. EAST CHAMPARAN, PROP. OF M/S JANTA TRADING, MOTIHARI, LISENCE NO. 27/03-04. 13. RAMCHANDRA SINGH, SON OF LATE ANUP SINGH, RESIDENT OF KOTWA, P.S. KOTWA, DISTT. EAST CHAMPARAN, PROP. OF M/S RAMCHANDA SINGH, KOTWA, LISENCE NO. 31/03-04. 14. BADRI PRASAD, SON OF LATE KASHI SAH, RESIDENT OF KOTWA, P.S. MOTIHARI, DISTRICT- EAST CHAMPARAN, PROP. OF M/S ANUJ TRADERS, KOTWA, LISENCE NO. 23/03-04. 15. LAKHINDRA PRASAD, SON OF SRI BRAMDEV SAH, RESIDENT OF BARACHAKIA, P.S. KOTWA, DISTRICT EAST CHAMPARAN, PROP. OF M/S LAKHINDRA PD., CHAKIA, LISENCE NO. 84/98-99. 16. MD. ABDUL QAIS, SON OF MD. ABDULLAIS, RESIDENT OF DHAKA, P.S. DHAKA, DISTT. EAST CHAMPARAN,PROP. OF M/S ALAM AND CO. DHAKA LISENCE NO. 83/99-2000. RESPONDENTS.. ----------- 5 10-9-2009 Heard learned counsel for the appellants, learned counsel for the State and perused the order under appeal. The writ petition filed by the private respondents was allowed by the writ court on its finding that cancellation of certificates of registration as wholesale dealer and as retail dealer granted to the writ petitioners under the Fertilizer ( Control ) Order 1985 was against the provisions in the Control Order. The writ court has found that the cancellation order was passed upon a policy decision of the State Government that one person could not be permitted to hold registration as a wholesale dealer and as a retail dealer. It has further found that such policy decision is in the teeth of Statutory Fertilizer Control Order of the Central Government. On going through the provisions in the Fertilizer Control Order, we find that the writ court was correct in its approach because - 3 - by the policy decision, the State Government has attempted to alter the grounds of cancellation of such registration, as provided in the Control Order issued by the Central Government under statutory provisions of Section 3 of the Essential Commodities Act. Learned counsel for the appellants has submitted that the policy decision was to achieve the Directive Principles of State Policy embodied in the Constitution of India and since they had the backing of the same hence such policy decision should be permitted to prevail over the statutory provisions of the Fertilizer Control Order. We find no merit in this appeal. It is accordingly dismissed. ( Shiva Kirti Singh,J) ( Jyoti Saran, J ) Naresh