IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.10947 OF 2010 Between: M.s. Srinivas Fertilizers, Adilabad Rep.by its Proprietor C. Vilas Reddy .... Petitioner AND The Government of Andhra Pradesh, Rep. by its Secretary, Agriculture Department and others .... Respondents HON'BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.10947 OF 2010 ORDER: Heard both the counsel. 2. The case of the petitioner is that he is a retail and wholesale dealer in fertilizers and he got licence No.5/95 at Door No.7-2-53/18, Gunj Road, Adilabad. The said licence was was earlier cancelled by respondent No.3 – Assistant Director of Agriculture (R), Adilabad, vide proceedings dated 13-08-2009 against which he filed an appeal before respondent No.2 – Commissioner of & Director of Agriculture, Hyderabad, who has remanded the matter to respondent No.3 to give an opportunity of hearing to the petitioner and pass appropriate orders. 3. Thereafter, a show cause notice dated 26-03-2010 was issued by respondent No.3, for which the petitioner has submitted an explanation on 31-03-2010. After considering the explanation submitted by the petitioner, respondent No.3 vide order dated 07-04-2010 confirmed the cancellation order dated 13-08-2009 stating that the explanation submitted by the petitioner is not convincing and the petitioner has violated Clause – 7 of the Fertilizer Control Order, 1985 and the Terms & Condition No.4 of the Certificate of Registration for sale of huge quantity of NFCL Urea fertilizers (337.600 MTs) which is said to have been sold in the unauthorized premises. Against the said order, the petitioner has filed an appeal before respondent No.2 on 10-05-2010 along with an application for grant of stay and the same is pending. 4. Learned counsel for the petitioner submits that the appellate authority i.e. respondent No.2 is not considering the appeal filed by the petitioner against the order dated 07-04-2010 of respondent No.3. 5. Having regard to the facts and circumstances of the case, it is directed that respondent No.2 – Commissioner of Agriculture, Hyderabad shall consider the appeal filed by the petitioner and dispose of the same, within four (4) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. _______________ V. ESWARAIAH, J May 05, 2010. KTL