1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.1726/2010 ( Ashok Seeds & Fertilizers ..V/s.. State of Maharashtra, through its Secretary & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Pande, counsel for the petitioner. Mr. N.W. Sambre, G.P. for the respondents. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 13 th APRIL, 2010 . Heard the learned counsel for the petitioner and the learned G.P. for the respondents. Writ petition is directed against the order dated 29/6/2009 passed by the Agriculture Development Officer and Chemical Fertilizers, Seeds and Insecticides License Registration Officer, Zilla Parishad, Yavatmal as well as the Appellate Authority dated 3/10/2009 whereby the license of the petitioner No.Y.R.F./1621/99 and Y.W.F.205 were canceled on permanent basis and the said order came to be confirmed by the Appellate Authority. Considered the contentions canvassed by the learned counsel for the petitioner and perused the impugned order. In the instant case the petitioner was given show cause notice, to which the petitioner also submitted explanation. In the instant case the complaint was lodged against the petitioner by the agriculturist on the basis of which the action was initiated against the petitioner for selling the chemical 2 fertilizers at the rate of Rs.400/- per bag though its M.R.P. at the relevant time was Rs.266/- per bag. The enquiry was conducted and during the course of enquiry the evidence which was collected revealed that there was truth in the complaint that the petitioner sold the chemical fertilizer at much higher rate than the one he was supposed to sell the chemical fertilizers. It is also not in dispute that the petitioner on earlier occasion also sold urea at enhanced rate and his license for sale of fertilizers was suspended vide order dated 6/9/2006. In the instant case the authorities have found that the petitioner sold chemical fertilizers without issuing bill, committing irregularities in maintaining the stock book of fertilizers and maintaining rate board, stock book was not properly displayed etc. though the allegation of the petitioner was that the show cause notice did not contain some of these aspects. Taking into consideration the overall view of the matter it is difficult for us to find fault with the procedure adopted by the respondents and therefore the action of suspending the license by the competent authority in our view is just and proper. Similarly, the order of the lower Appellate Authority is also just and proper. The petition suffers from lack of merits and hence the same stands dismissed. JUDGE JUDGE Tambaskar.