IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.48 of 2011 Raj Kumar Singh S/O Sri Satya Narain Singh of Mohalla- Gulabbagh, P.S- Sadar, District- Purnia, Proprietor, M/S Raj Kumar Trading, Gulabbagh, Purnia. …..Petitioner. Versus 1. The State Of Bihar through Sub- Divisional Officer, Sadar, Purnia. 2. Sub- Divisional Officer, Sadar, Purnia. 3. District Agricultural Officer, Purnia. 4. Sub-Divisional Agricultural Officer, Purnia. ….Respondents. --------- For the petitioner : M/s Pankaj Kumar Sinha & Kamal Kishroe Jha, Advocates. For the respondents : Mr. Priyadarshi Matri Sharan, A.C. to AAG XI ----------- 05/ 02.12.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (a) A writ in the nature of certiorari or any other appropriate writ, order, direction quashing the order dated 30.11.2010 passed by the District Agriculture Officer, Purnea as communicated through Memo No.1060 dated 30.11.2010 cancelling the Retail Fertilizer Licence No.01/08- 09 issued in the name of petitioner’s proprietary shop named as M/S Raj Kumar Trading, Gulabbagh, Purnea. (b) A writ in the nature of mandamus or any other appropriate writ, order, direction commanding the respondents to act in accordance with law. (c) Any other relief to which the petitioner is found entitled to. 3. A counter affidavit has been filed on behalf of the - 2 - respondents stating that the Sub-divisional Officer, Purnea was unaware of the recent notification of Agriculture Department bearing memo No.507-FC dated 09.04.2010, according to which a Sub-Divisional Officer was not legally empowered either to cancel the Fertilizer Retail Licence or to search and seize the fertilizer and hence due to the said ignorance he had passed the said order. It is further stated that District Agriculture Officer is legally empowered to cancel the Fertilizer Retail Licence, whereas Fertilizer Inspector was empowered to search and seize the fertilizer. 4. In the said counter affidavit it is also stated that the Sub- Divisional Judicial Magistrate, Purnea vide order dated 06.08.2011 passed in Purnea (Sadar) P.S. Case No.371/2010, G.R. No.2818/2010 directed the District Agriculture Officer, Purnea to release the seized fertilizers in favour of the petitioner within 15 days of the communication of the said order and in pursuance of the said order, the District Magistrate, Purnea sent letter dated 2295 dated 25.08.2011 to the District Agriculture Officer for verification of seized fertilizers as per stock register and after verification, the said seized fertilizer has been released in favour of the petitioner as no difference between the seized fertilizer and stock register was found. In the said circumstances, the District Agriculture Officer, Purnea sent letter No.1249 dated 17.10.2011 to the Joint Director (Agriculture), Koshi Range, Saharsa for revoking the cancellation and reaffirming the licence bearing No.01/08-09 in favour of the petitioner and also issued another letter no. 1250 dated 17.10.2011 to the petitioner directing him to move in appeal - 3 - before the appellate authority, namely the Joint Director (Agriculture), Koshi Range, Saharsa. 5. Considering the aforesaid facts and circumstances, it is quite apparent that the authorities have realised the illegality committed by the Sub-Divisional Officer with respect to search and seizure and the said mistake has been already rectified by the order of the Sub- Divisional Judicial Magistrate, Purnea. Similarly, the District Agriculture Officer had also realized the illegalities committed in the cancellation of petitioner’s licence and has directed the petitioner to file an appeal before the appellate authority, namely the Joint Director (Agriculture) Koshi Range, challenging the order of the District Agriculture Officer. 6. In view of the aforesaid facts and circumstances when it is an admitted fact that the authorities have realized that illegality has been committed in cancelling the licence of the petitioner and the said fact has been admitted before this Court, there is no occasion for sending the petitioner for filing an appeal and causing further delay and harassment to the petitioner. Hence, impugned order dated 30.11.2010 passed by the District Agriculture Officer, Purnea cancelling the licence of the petitioner is hereby quashed and this writ petition is allowed. Sunil ( S. N. Hussain, J.)