LAWS(PAT)-2011-5-164

RANI SATI FERTILIZERS PVT.LTD. Vs. STATE OF BIHAR

Decided On May 20, 2011
Rani Sati Fertilizers Pvt.Ltd. Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) This writ petition has been filed by the petitioner challenging order dated 2.12.2010 by which Agriculture Production Commissioner dismissed Appeal No. 11 of 2010 filed by the petitioner and also challenging order dated 1.9.2010 passed by the Director of Agriculture by which he refused to renew the certificate of registration of the petitioner in respect of manufacture of Mixture of Fertilizers as also for sale of fertilizers and for direction to the authorities to renew the certificate of registration and for other ancillary reliefs.

(3.) From the arguments of learned counsel for the parties as well as from the materials on record, it is quite apparent that the Director of Agriculture had rejected petitioner's application for renewal of the certificate of registration by a detailed order dated 1.9.2010 on various grounds. It also transpires that all the findings and grounds taken in that order had been challenged in detail by the petitioner in his Appeal No. 11 of 2010 filed before the Agriculture Production Commissioner. From perusal of the order of the appellate authority it shows that he had dismissed the appeal without considering the claim of the petitioner based on specific provisions of law with regard to renewal of the certificate of registration. The appellate authority had passed a very cryptic order without even appreciating the specific findings of the Director of Agriculture and the points raised against them by the petitioner, including the specific decisions of this court in that regard, namely order dated 12.4.2010 passed in C.W.J.C. No. 5168 of 2010 and order dated 1.10.2010 passed in C.W.J.C. No. 16645 of 2010.