- (1.) Heard Sri U.N. Sharma, learned senior counsel assisted by Sri Chandan Sharma, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Ved Byas Mishra, learned counsel for respondent no. 4. Through this writ petition prayer has been made to issue writ of certiorari quashing the order dated 10.11.2015 passed by the Notified Authority (Fertilizers)/District Agriculture Officer, Gorakhpur whereby the authorization as well as certificate of registration of the petitioner company has been cancelled. Another prayer has been made for quashing the order dated 10.11.2015 passed by the Appellate Authority/Director of Agriculture U.P. Lucknow rejecting the appeal under Clause 32-A of the Fertilizers Control Order, 1985 against order dated 29.9.2015 and 1.10.2015. Further prayer has been made to quash the consequential order dated 5.10.2015 passed by Chief General Manager (Marketing) U.P. Lucknow blacklisting the petitioner company.
(2.) The facts giving rise to this case are that petitioner has a letter of authorization for supply of fertilizer manufactured by the petitioner issued under the Fertilizer Control Order, 1985 (in short the Order). The petitioner has supplied fertilizer to the State government pursuant to the supply order issued on 23.7.2015. It appears that after supply of the said fertilizer, sample of the fertilizer was taken from the godown on 1.9.2015 and was sent for testing. The sample got failed, therefore, while exercising the power vested in the authority under Clause 31 of the Order, a show cause notice was issued to the petitioner as to why his letter of authorization be not cancelled. While doing so letter of authorization was also suspended. The petitioner was given a week time to file his reply. The petitioner appeared before the authority on 24.9.2015 and sought three days time. The case was taken up on 26.9.2015 on which date three days time was granted to the petitioner. The petitioner has filed his reply on 29.9.2015. It is stated that without considering the petitioner's reply the order of cancellation was passed on 29.9.2015. Seeking recall of this order an application was filed by the petitioner on 1.10.2015 which was rejected on the same day by observing that the reply on 29.9.2015 was filed on 5:00 PM and prior to that order was passed. Aggrieved by the aforesaid order the petitioner herein has filed appeal under Clause 32 of the Order before the Director Agriculture, who happens to be appellate authority under the Control Order. The appellate authority too has dismissed the appeal vide order dated 10.11.2015.
(3.) It would further appear from the record that Chief General Manager (Fertilizers/Marketing) issued a show cause notice for blacklisting the petitioner. While assailing this order Sri Sharma, who appears for the petitioner, submits that in view of the instruction issued by the Director before supplying the fertilizer manufactured by the manufacturer the samples of the same are taken in presence of the authorities in three phials and the same are sent for testing and only after passing of the test, it is supplied. In the petitioner's case, samples were taken on 17.7.2015 and after sample has passed the test the fertilizer was supplied to the respondents therefore if any sample phails taken from the fertilizers available in the godown of the State fails, for that the petitioner's authorization could not be cancelled. Sri Sharma has invited attention of the Court towards few paras of memorandum of understanding quoted in para-10 of the writ petition which is reproduced herein under:- 591465-1;