- (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the materials on record.
(2.) The petitioner, after fulfilling all the requirements and completing the formalities required, said to have moved an application on 20th July, 2009 before the Regional Manager, IFFCO, Gorakhpur for issuance of a license for selling of manure and pursuant to which a survey has also been conducted by the Assistant Registrar, Cooperative Socieities, Jungle Kauriya, Gorakhpur of the place where the shop was proposed. In the survey report, dated 13th August, 2009, the distance between the Sadhan Sahkari Samiti and the place of the proposed shop was found to have been 3.5 Kilometers, which may not affect the sale centre of the Sadhan Sahkari Samiti. Apart from it, the C.O. of IFFDC, Gorakhpur has also made verification of the spot and on such verification submitted a report dated 20th April, 2010 to the Deputy Area Manager, IFFCO, Gorakhpur. Despite aforesaid formalities having been completed, when the license has not been granted to the petitioner, the petitioner submitted a representation, dated 7th September, 2010 to the respondent no.3, which has been dismissed by the respondent no.3, by the order dated 9th September, 2009, on the ground that no sale centre/franchise can be established in the area where the sale centre of the Society is likely to be affected.
(3.) By means of the present petition, the petitioner is challenging the order, dated 9th September, 2009, passed by the respondent no.3.;