HONIOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 10109 OF 2009 DATED 9TH OCTOBER, 2014.
BETWEEN M/s. Tulasi Seeds Pvt Limited Guntur, rep. by its Executive Director Dr.P.Chandrasekhar ….Petitioner And The Commissioner & Director of Agriculture Andhra Pradesh, Hyderabad and anr …Respondents.
HONIOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 10109 of 2009
ORDER:
This Writ Petition was filed challenging the order of the second respondent dated 6.5.2009 confirming the order of the first respondent dated 19.05.2009 in cancelling the license issued in favour of the petitioner.
The license of the petitioner was suspended by the Licensing Authority in proceedings dated 10.11.2008. Against the same, the petitioner preferred an appeal before the appellate authority, who passed orders on 31.12.2008 upholding the order of suspension passed by the Licensing Authority. Several allegations have been levelled against the petitioner and pursuant to the same, a show notice was issued to the petitioner on 07.01.2009 calling for explanation to show cause as to why the license issued by the Licensing Authority should not be cancelled under Rule 10 of A.P. Cotton Seeds ( Regulation, Supply, Distribution, Sale and Fixation of sale price) Rules, 2007. The petitioner submitted its explanation to the said show cause notice on 20.01.2009. The Licensing Authority by proceedings dated 6.5.2009 came to the conclusion that the petitioner-Company commissioned non-rectifiable contraventions of misbranding activity of selling BG-II Cotton seed in the guise of BG-I (TCHH-4 BH-I) and thus violated Section 2(6) of the A.P. Cotton Seeds (Regulation of supply, Distribution, Sale and Fixation of sale price) Act 2007. In the said proceedings, the Licensing Authority also observed that the petitioner-Company has commissioned the non-rectifiable contraventions as communicated in the order dated 6.5.2009 and thereby the license of the petitioner was cancelled. The Licensing Authority further held therein that cancellation of license disabled the petitioner from obtaining fresh license for a period of one year from the date of cancellation. The said order was challenged before the Appellate Authority-first respondent, who by order dated 19.05.2009 upheld the order of cancellation of license passed by the Licensing Authority.
Challenging the cancellation of license dt.6.5.2009, the present Writ Petition was initially filed. This Court by order dated 13.05.2009 directed the first respondent to decide the application for stay moved by the petitioner along with the appeal preferred as against the order dated 6.5.2009. Ultimately the first respondent passed the order upholding the order of the Licensing Authority and thereby the relief sought for by the petitioner in the Writ Petition was amended by including the challenge to the order of the first respondent dated 19.05.2009.
This Court by order dated 20.05.2009 granted interim suspension in WPMP.No.13380 of 2009. By virtue of the same, the order of cancellation of license is ceased to have force. In the meanwhile the license of the petitioner expired on 14.02.2011 and the petitioner applied for renewal of the same and license of the petitioner is being renewed from time to time and as on today the said license is valid up to 14.02.2017.
The order of cancellation dated 06.05.2009 passed by the Licensing Authority itself states that by virtue of cancellation of license , the petitioner was disabled from applying for fresh license for a period of one year from the date of cancellation. That disability is ceased to have effect in view of subsequent circumstances and by virtue of the interim order passed by this court, the original license remains operative and on that basis, the renewal of license is being granted to the petitioner. In view of the same, the adjudication of the issues involved in the Writ Petition becomes only academic and therefore no adjudication is necessary; however, the respondents are at liberty to take necessary action if any violations are committed by the petitioner hereinafter.
Subject to the above observation, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 9TH OCTOBER 2014.
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