The Director (Agriculture), Government of Bihar, inter alia, took a decision restricting manufacturers of fertilizer from purchasing fertilizers from the open market to be used as raw material for manufacturing mixture of fertilizers which were then to be sold to the farmers. This and decisions in this line were challenged in this Court by various manufacturers of fertilizers in the State. After hearing the parties including Union of India by judgment and order dated 26.02.2009 passed in CWJC No 11606 of 2008 and analogous case, the writ petition was allowed. This Court in detail noted that no such restriction could be put by the Director of Agriculture. This Court noticed the definition of wholesale dealer as provided under the Fertilizer Control Order and clearly found, as noted hereunder:

“… … … It is submitted that if subsidised fertilizers are used by manufacturers of mixture of fertilizer then the agriculturist would be deprived of the subsidy. The straight answer to this is to be found in Annexure-3 the office memorandum of Government of India in the Department of Fertilizer dated 28th March, 2002 wherein the policy of the Government of India who is the author of the F