CWP NOS . 2311 & 4579 OF 1988 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 19.11.2008 1. CWP NO.2311 OF 1988 M/s Guru Nanak Khad Store, Shop No.106, New Grain Market, Patiala ....Petitioner Versus State of Punjab and others ......Respondents 2. CWP NO.4579 OF 1988 M/s Guru Nanak Enterprises ....Petitioner Versus State of Punjab and others ......Respondents CORUM HON'BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner Mr.SS Sahu, AAG, Punjab PERMOD KOHLI,J. (ORAL)
This order will dispose of CWP Nos.2311 of 1988 and 4579 of 1988 as common questions of law and facts are involved in both the petitions.
These two petitions have been filed by the two Firms through the same proprietor Mr. Harmesh Singh challenging the order dated 15.2.1988 whereby the dealer registration certificates of the petitioners-Firms have been cancelled. The petitioners-Firms were granted Dealer Registration Certificates by the competent authority on 11.11.1986 which was in force upto CWP NOS . 2311 & 4579 OF 1988 :2:
10.11.1989. Under the aforesaid Certificates, the dealer could keep stocks and sell nine varieties obtained from different sources. An FIR was registered on 12.11.1987 with the Patiala Sadar Police Station, Patiala by the Agricultural Inspector (Enforcement), to the effect that duplicate D.A.P. Spick, Branch, fertilizer has been sold to the farmers. The said Inspector raided the firms and recovered 99 bags of duplicate D.A.P. Spick Branch fertilizer. Ishwar Dayal, the representative of the Society gave an affidavit that he had purchased about 300 bags of D.A.P. Spick from the petitioners-Firms and these 99 bags are left over of those bags where as the rest of the duplicate fertilizer has been sold to the farmers. On the basis of the aforesaid affidavit, the licence of the petitioners-Firm was suspended and petitioners-Firms was stopped from selling fertilizers. A show-cause notice was served to which the reply was filed. However, the respondents vide the impugned order cancelled the licence of the petitioners. The petitioners filed CWP No.447 of 1988 which was withdrawn with liberty to file an appeal to the Director, Agriculture, Punjab under law. An appeal was preferred by the petitioners which also came to be dismissed by the Appellate Authority. The petitioners accordingly filed this petition. The main contention of the petitioners is that there is no evidence that the fertilizers were sold to the society concerned and merely on the basis of affidavit of Ishwar Dayal which was later withdrawn, action has been initiated against the petitioners. The petitioners claim violation of the principles of natural justice.
The respondents in the reply have stated that the petitioners CWP NOS . 2311 & 4579 OF 1988 :3:
sold 300 bags of D.A.P. Spicks to the Cooperative Agriculture Service Society Jhandi Distt. Patiala through its Secretary. The Society was to secure the fertilizer from their present organization Markfed, Punjab. However, the procurement of the fertilizers from the petitioners was illegal and in connivance with the Secretary of the Society. It is further stated that the Fertilizer Quality Control Staff of the Department of the Agriculture raided the Society and recovered the duplicate fertilizer which was in violation of Clause 19(1) (a) of the Fertilizers Control Order, 1985. An FIR was also registered against the concerned. It is stated that since the petitioners were selling duplicate fertilizer, the action was taken against the petitioners under law. The respondents have also placed on record the report of the analyst wherein it is reported that the fertilizer was substandard and duplicate. In view of the reply of the respondents and the fact that the action was taken against the petitioners after putting them to notice, there is no violation of principles of natural justice. I find no merit in these petitions. Dismissed.
A copy of this order be placed on record on each concerned file.
(PERMOD KOHLI) JUDGE 19.11.2008 MFK