Case :- WRIT - C No. - 18985 of 2020 Petitioner :- Vipin Kumar Satyarthi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
By order dated 20.11.2020 the learned Standing Counsel was granted ten days time to file counter affidavit but till date no counter affidavit has been filed.
The contention of the learned counsel for the petitioner is that by the impugned order dated 24.8.2020 the District Agriculture Officer, Kannauj has sealed the shop of the petitioner despite the fact that neither the licence has been suspended nor canceled. He has submitted that under the Fertilizer Control Order, 1985 there can be seizure of the fertilizer in respect of which an Inspector has reason to believe that a contravention of the Order has taken place or there is an attempt to commit such contravention but there is no such provision which may enable the authority to seal the shop.
Prima facie, there appears some substance in the submissions of the learned counsel for the petitioner.
List this case on 17.2.2021. In the meantime the petitioner would have liberty to file an application seeking recall of the impugned order dated 24.8.2020 before the District Agriculture Officer, Kannauj by taking all legal and factual pleas. If such application is filed within a period of one week from today, the District Agriculture Officer, Kannauj shall pass a fresh speaking order in accordance with law, after giving opportunity of hearing to the petitioner in next two weeks.
The petitioner shall be at liberty to produce the copy of that order on the next date.
the merits of the claim of the petition.
Order Date :- 6.1.2021 Manish Tripathi