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IN THE HIGH COURT OF ANDHRA PRADESH
D.V.S.S. SOMAYAJULU, J.
BalajiAgri Chem and – Appellant
Versus
The Union of India and – Respondent
Writ Petition No.6873 of 2020
Decided On : 08-04-2021
General Clauses of Act - Section 21 - Constitution of India - Article 14 - Interest of justice – Circumstantial evidence - Notification by which seven granulated fertilizer mixtures were denitrified for production and sale - Petitioners before this Court were granted a license to manufacture what are known as “NPK Granulated Mixture Fertilizers as per the provisions of the Fertilizer Order, 1985 - They were permitted to manufacture certain granulated mixture fertilizers in 2017. The permission continued till - Whether of solid or liquid fertilizers specified in Part A of schedule court of order unless such mixture conform to the standards set out in the notification to issued by Government in official Gazette –
Finding of the Court:
Past conduct of department and Section 21 of General Clauses of Act if seen and read together make it clear that State has been exercising its power to denitrify certain fertilizers - Submission of the learned counsel for the petitioner that the power to denitrify which is given in letter can only be denitrified within a period of one year cannot be extended to State that after there is no power to denitrify - Guidelines issued in stated that certain grades of fertilizers which do not meet the requirement as mentioned in Clauses should be identified within a period of one year from the day of the guidelines - This cannot mean that the power to denitrify is taken away after even if the fertilizers do not meet the standards - This will lead to an anomalous situation - Even the certificate given to the petitioners clearly contains a clause which states that further orders and direction can be issued under the Fertilizer Control -This Fertilizer Control Order, 1985 is issued as per powers conferred by Section 3 of the Essential Commodities Act, 1955 which deals with powers to control production supply distribution etc., of the essential commodities - Hence State has necessary power to control/regulate the commodities and fertilizers - Therefore, in opinion of this Court past conduct of the petitioners and the law on the subject permit the State to denitrify mixtures etc - Apart from this if the decision making process is seen that the power of cancellation detoxification was exercised after certain limitations were observed with respect of NPK mixture fertilizers - At least eight grounds are spelt out in the letter which has been produced by the learned Additional Advocate General and which lead to the impugned order being issued - Therefore, this Court holds that respondents had a reason, which is based upon certain objective standards for coming to conclusion that they did - In opinion of this Court decision making process is not vitiated or arbitrary –
Result: Petition dismissed
ORDER :
1. This Writ Petition is filed for the following relief:
“….to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing impugned G.O.Ms.No.67, Agriculture & Cooperation (Agri.III) dated 14.08.2019 which was published in the Gazette dated 14.08.2019, where under Government of Andhra Pradesh accorded permission for de-notification of the NPK Granulated Mixture Fertilizer Grades with specification indicated in the said G.O., as being illegal and arbitrary and against the provisions of the Order 13 (1)(a), 13(2) and Order 38 (1), (5) of the Fertilizer (Inorganic, Organic or Mixed) (Control) Order 1985 and also against the Fundamental Rights Guaranteed under Article 19 (1) (f) as well as Article 14 of the Constitution of India and consequently to get aside the same, in the interest of justice and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2. The grievance of the petitioners before this Court is about the Notification dated 14.08.2019 by which seven granulated fertilizer mixtures were denotified for production and sale. The petitioners before this Court were granted a license to manufacture what are known as “NPK Granulated Mixture Fertilizers” as per the provisions of the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985. They were permitted to manufacture certain granulated mixture fertilizers in 2017. The permission continued till 2021. The impugned order was issued on 14.08.2019 by which seven varieties of granulated mixtures with certain nutrient values, were denotified. Petitioners through their association questioned the same, but there was no relief from the State Hence, the present Writ Petition.
3. Learned counsel for the petitioners argued that the petitioners are licensed manufacturers of the products and that as per the license given to them they continued their business and were manufacturing the products without any complaint. It is his contention that the Fertilizer Control Order, 1985 will apply and that the said order only prescribes the standards for the mixtures of fertilizers. In particular, learned counsel relies upon Clauses 12 ,13 and 38 Clause 12 and Clause 13 of the Fertilizer Control Order, 1985 are reproduced hereunder.
“12. Restriction on preparation of mixtures of fertilizers:-No person shall carryon the business of preparing any mixture of fertilizers (special mixture of fertilizer, except under and in accordance with the terms and conditions of a certificate of manufacture granted to him under Clause [15 or 16].
13. Standards of mixtures of fertilizers:-(1) Subject to the other provisions of this order –
(a) no person shall manufacture any mixture of fertilizers whether of solid or liquid fertilizers specified in Part A of schedule I of the order unless such mixture conform to the standards set out in the notification to the issued by the (Central) Government in the official Gazette;
(b) no person shall manufacture any Bio-fertilizer unless such Biofertiliser conforms to the standards set out in the part A of Schedule-III.
(c) no person shall manufacture any Organic fertilizer unless such organic fertilizer conforms to the standards set out in the part A of Schedule IV.
(2) Subject to the other provisions of this Order, no person shall manufacture any mixture of fertilizers unless such mixture conforms to the standards set out in the notification o be issued by the State Government in the Official Gazette.”
4. Relying upon Clause 38 of the same Control Order the learned Counsel argues that the Central Government has to constitute an Advisory Committee which will again determine the specifications of various fertilizers, grades and formulations etc. In addition, the State Government as per Clause 38 (5) is also entitled to constitute a committee called State Fertilizer Committee to advise the State Government regarding the grades and form
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