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2011 Supreme(Pat) 2542

S. N. HUSSAIN
Vikash Agrawal @ Vikash Kumar Agrawal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
M/s Pankaj Kumar Sinha, Kamal Kishore Jha, For the Petitioner; Mr. Manoj Kumar Sinha, For the Respondent.

ORDER

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This writ petition has been filed by the petitioner challenging orders dated 3.11.2010 (Annexure-1) and 3.12.2010 (Annexure-3) respectively suspending and cancelling licence no.18 of 2008-09 of the petitioner granted to him for retail sale of fertilisers and also for directing the respondents to restore the petitioner’s licence and to allow him to pursue his business of retail sale of fertilisers.

3. Learned counsel for the petitioner states that order of suspension of petitioner’s licence dated 3.11.2010 was passed by District Agriculture Officer, Purnea (respondent no.2) without giving any notice to the petitioner although it was specifically required under clause 31 of the Fertiliser (Control) Order. 1985. He further states that although before passing the order dated 3.12.2010 for terminating the licence of the petitioner, the authority concerned sent notice to the petitioner dated 19.11.2000 (Annexure-2), but when the petitioner appeared with the relevant documents, the authority concerned abused and ousted him and passed the impugned order. Hence, learned counsel for the petitioner submits

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