Judgment: The only question that arises for consideration in this revision, is whether a dealer in fertilisers can store the fertilisers at any place of his choice. Sri C. Padmanabha Reddy, the learned! Counsel for the petitioner contends that there is no provition in the Fertiliser Control Order, 1957 requiring a dealer in fertilisers to store the fertilisers at any specified place. The relevant provision is clause 5(1) of the Fertiliser Control Order, 1957 which reads:

“Subject to the provisions of clause 5, no person shall carry on the business of selling fertiliser at any place except under and in accordance with the terms and conditions of certificate of registration granted to him under this order: Provided that licences.....”

What is contended by Sri Padmanabha Reddy is that the clause contemplates a specified place only for carrying on the business of selling the fertilisers and does not take in its ambit the place of storage of the fertilisers. In support of this submission, he draws the attention of the Court to the terms and conditions of certificate of registration enumerated in the prescribed Form B under which a certificate of registration to carry on the business as a dealer in fertilisers has to be issued. He points out that none of the six items of the ‘terms and conditions’ of the certificate of registration as contained in the Form makes any reference to the place of storage of the fertilisers. To buttress this argument he placed before the Court the Forms under which licences are issued under other orders, like the A. P. Foodgrains Dealers Licensing Order, 1964, wherein it was specifically mentioned that the commodity for which the licence is issued, shall not be stored at any place other than the one mentioned in the licence. No doubt “the terms and conditions” contained in the certificate of registration under the Fertilisers (Control) Order, do not contain any such term and condition as in some of the provisions granted under other Orders. But a close scrutiny of clause 5(1) the form of the certificate of registration and the form of application for registration clearly shows that a dealer in fertilisers cannot store the fertilisers at any place of his choice.

2. Clause 5(1) provides that the business of selling should be carried on under a certificate of registration and in accordance with the terms and conditions of a certificate of registration. The form in. which a certificate of registration is issued, under the Fertiliser (Control) Order is as follows:

FORM B.

(See Clause 7)

Block No. Registration No......

Date of issue......

Valid upto........

Certificate of registration to carry on. the business of dealer in Fertiliser in. the State of ... is hereby granted certificate of registration to carry on the business of selling fertilisers at the place prescribed below in the State subject to the terms and conditions specified, below and to the provisions of the Fertiliser (Control) Order, 1957.

DESCRIPTION OF THE PLACE OF BUSINESS.

Name or style by which the Location of business is carried on. Location of go down attached to sale depot.

Date:

Seal: Registering Authority

State of.

TERMS AND CONDITIONS OF CERTIFICATES OF REGISTRATION.

(1) This certificate of registration, shall be displayed in a prominent and conspicuous place in a part of the business premises open to the public.

(2) .. .. ..

(3) .. .. ..

(4) The holder of the certificate shall from time to time report to the Registering Authority any change in the premises where he carried on his business of selling fertilisers.

(5) .. .. ..

(6) .. .. ..

Note: (1) Where the business of selling-fertiliser is carried on more than one place a separate registration certificate should be obtained in respect of each place.

The form of application to obtain a Dealer’s Certificate of Registration is as follows:

FORM A.

(See Clause 6.)

Form of Application to obtain Dealer’s Certificate of Registration:

To

The Registering Authority,

State of ..................

(1) Full address of the appl

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