SRK 1 wp-8413-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8413 OF 2010 Krishidhan Seeds Ltd. ... Petitioner Versus The State of Maharashtra and another. ... Respondents Mr. Nitin Thakkar, Senior Advocate with Mr. A.S. Pal and Ms. Dipali Dhane for the petitioner. Mr. V.D. Patil, Government Pleader for respondent Nos.1 and 2. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD , J. Tuesday, October 19, 2010 P.C. What is challenged in this petition under Article 226 of the Constitution of India is the order dated 29 September 2010 of the Additional Chief Secretary cum Deputy Appellate Officer, dismissing the petitioner's appeal and confirming the order dated 6 June 2009 of the Commissioner, Agriculture, Pune. By order dated 29 September 2010 of the Additional Chief Secretary cum Deputy Appellate Officer, the petitioner has been directed to pay an amount of Rs.9,57,128/- to 415 farmers to whom the seeds were supplied by the petitioner through the petitioner's dealers and retailers. 2. The grievance made by the learned counsel for the petitioner is that the impugned order has been passed in violation of the principles of natural justice as the respondents have relied upon several documents without giving the petitioner copies of the said documents and without giving him an opportunity of satisfying the respondents that the petitioner is SRK 2 wp-8413-10 not liable to pay any such amount. 3. The learned counsel for the petitioner has submitted that letter dated 7 July 2010 from respondent Nos.1 and 2 and similarly letters dated 16 and 22 June 2010 referred to in the letter dated 17 August 2010 from the Commissioner, Agriculture to the Additional Chief Secretary were not supplied to the petitioner and, therefore, the petitioner has not been given an effective opportunity of hearing. 4. Without going into the merits of the controversy between the parties, we are of the view that since the Additional Chief Secretary cum Deputy Appellate Officer has referred to and relied upon the communications which were adverse to the petitioner, without furnishing an opportunity to deal with them, the impugned order dated 29 September 2010 cannot be sustained. On the short ground alleged that is to say on the ground of violation of principles of natural justice, we are inclined to set aside the impugned order dated 29 September 2010 of the Additional Chief Secretary cum Deputy Appellate Officer and direct the Principal Secretary, Agricultural Department who is the the present incumbent of the office of the Additional Chief Secretary cum Deputy Appellate Officer to hear and decide the petitioner's representation after supplying the petitioner copies of the aforesaid letters dated 16 and 22 June 2010 and the letter dated 7 July 2010. Copies of the aforesaid letters shall be supplied to the petitioner within two weeks from today and thereafter, the petitioner shall be given an opportunity of personal hearing by the Principal Secretary, Agriculture Department within three weeks thereafter. SRK 3 wp-8413-10 5. Till the concerned officer i.e. Principal Secretary/Additional Chief Secretary, Agriculture Department decides the petitioner's representation, the amount lying with the respondent-authorities upon invocation of the bank guarantee furnished by the petitioner shall not be disbursed to the farmers. 6. The respondents shall also furnish to the petitioner the basis of computation of the amount for which the petitioner was earlier held liable i.e. the amount of Rs.9,57,128/-. Petition stands disposed of accordingly. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.