IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.28012 of 2010 Between: Sree Lakshmi Sreenivasa Fertilizers, rep. by its Dealer K.Venkateswarlu, S/o.late K.Venkatappa, Aged about 42 years, Suryanagar, Anantapur, R/o.D.No.6- 5-160-1, upstairs, Venkatraonagar, Anantapur City & District … Petitioner And The Commissioner & Director of Agriculture, Government of A.P., Hyderabad, and others … Respondents Order: Heard learned counsel for the petitioner and the learned Government Pleader for Agriculture appearing on behalf of the respondents. The petitioner herein is M/s.Sree Lakshmi Sreenivasa Fertilizers, represented by its dealer. By order dated 09-09-2010 passed in proceedings No.B/02/2010 dated 09-09-2010, the fourth respondent-Assistant Director of Agriculture (Regular) Anantapur, invoking power under Clause 31(2) of Fertiliser Control Order, 1985 (for short, the ‘Control Order’), suspended the Certification of Registration of the petitioner bearing No.42/2001-02, as an interim measure until further orders. It is that order which is called in question in this writ petition. The impugned order is questioned mainly on the ground that in view of first proviso to Clause 31(2) of the Control Order, it is obligatory on the part of the respondents to pass final order within a period of fifteen days from the date of issue of the order of suspension. It is the case of the petitioner that in spite of the fact that the period of 15 days is over and in view of second proviso to Clause 31(2) of the Control Order, the impugned order of suspension is deemed to have been revoked; in spite of the same, respondents are not allowing it to carry-on business. On obtaining instructions, it is submitted by the learned Government Pleader appearing on behalf of the respondents that, after passing of the impugned order, the petitioner is served with a show-cause notice but no final orders are passed as on today. From a perusal of the provision under Clause 31(2) of the Control Order, it is clear that it empowers the registering authority to suspend the Certificate of Registration in case of any contravention of the provisions of the Control Order and conditions of registration. But, at the same time, first proviso to Clause 31(2) of the Control Order obligates the authorities to pass final orders within the period referred in the said proviso. Further, a reading of the second proviso to Clause 31(2) of the Control Order makes it clear that if no final order is passed within the time specified in the first proviso to Clause 31(2), the order of interim suspension shall be deemed to have been revoked without prejudice, however, to any further action which the registering authority, Notified Authority or, as the case may be, to take action against the affected person under sub-clause (1). As much as the period specified in the first proviso is already over and in view of the benefit conferred under second proviso to Clause 31(2) of the Control Order, order dated 09-09-2010, passed in proceedings No.B/02/2010, which is impugned herein, is deemed to have been revoked; as such, there is no reason or justification on the part of the respondents in not allowing the petitioner to carry-on its business. As it is a clear case where the respondents have not complied the conditions contemplated under the provisos to Clause 31(2) of the Control Order, I dispose of the writ petition declaring that order dated 09-09-2010, passed in proceedings No.B/02/2010, shall be deemed to have been revoked, with a further direction to the respondents not to interfere with the business of the petitioner. However, it is clarified that this order will not preclude the respondents from conducting an enquiry on the allegations levelled against the petitioner and pass appropriate final orders. No order as to costs. ___________________ (R. SUBHASH REDDY, J) November 16, 2010 N.B. Issue C.C. by 18-11-2010 B.O. MRR