MAHESH GROVER,J. - (1.) For the reasons stated in the application and the facts that have emerged during the course of hearing of the application, we would recall the order dated 26.8.2016. Main case
(2.) The appellants, who are also the writ petitioners, had approached this Court with a grievance against an order suspending their licences to manufacture/supply of special mixture fertilizers. Reference is made to clause 32(a) of the Fertilizers (Control) Order, 1985 providing a remedy of appeal to a person aggrieved against the suspension or cancellation of certificate of manufacture or suspension or cancellation of authorisation letter permitting sale of fertilizer. According to this, clause of the Fertilizers (Control) Order, 1985 appeal is maintainable before an Appellate Authority, to be constituted by the State Government by notification in the Official Gazette, specifying such authority before whom an appeal was maintainable within thirty days, from the date of passing of an adverse order to a person.
(3.) The learned Single Judge dismissed the writ petition by referring to the aforesaid alternate remedy available to the petitioners but failed to take note of the fact of the grievance of the appellants that the State had failed to constitute an Appellate Authority in terms of clause 32(a) of the Fertilizers (Control) Order, 1985.;