RITU RAJ AWASTHI,J. - (1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel for the State and perused the record.
(2.) THE present writ petition has been filed challenging the orders dated 04.10.2007 and 19.05.2008 passed by District Agriculture Officer, Bahraich and order dated 31.07.2008 passed by Director, Agriculture, Lucknow, whereby the license for purchase and sale of IFFCO fertilizer among its member under Fertilizer (Control) Order, 1985 has been cancelled and the appeal preferred against the said cancellation order has been rejected by the appellate authority i.e. Director, agriculture. On the basis of the fact mentioned in the writ petition, the learned counsel for the petitioner has submitted that the petitioner's society is registered society under horticulture and food processing department, U.P. w.e.f. 23.10.2000. It was granted license on 04.12.2006 for purchase and sale of IFFCO fertilizer amongst its members under Fertilizer Control order, 1985 which was valid till 03.12.2009. As per the government policy the cooperative societies are given preferential supply of fertilizers in order to facilitate its members/farmers. During the sowing season there is scarcity of fertilizer and the private fertilizers traders try to sell the fertilizers at higher rates.
(3.) ONE Surjeet Singh s/o Babu Ram Singh r/o village Kundasar, i.e. area of operation of the petitioner's society is Accountant in the office of the Opposite Party No.3 in connivance with two of his close relatives namely Mathuresh Kumar and Akhilesh Kumar, who are the private fertilizer traders instigated the District Agriculture Officer/notified authority under the Fertilizer (control) Order, 1985 district Bahraich to make the inspection in the petitioner's shop on 07.08.2007 who malafidely and forceably took the samples of Zinc High (Penagon) from a sealed and packed packet brought by nephew of the secretary of the petitioner's society for sowing the same in his paddy field. The Opposite Party No3 without applying with the procedure prescribed in schedule II of the Fertilizer (control) order, 1985 took the samples and sent the same for testing.;