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D. Y. CHANDRACHUD, YASHWANT VARMA
VIJAI KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
By the Court.—The petitioner is a proprietor of Bharat Khad Bhandar at Harduaganj in the district of Aligarh. On 23 March 2007, a memorandum of intimation was submitted for authorizing the petitioner to conduct the business of retail sale under Clause 8(2) of the Fertilizer Control Order, 1985 (Control Order). The notified authority issued an acknowledgment in Form A2. On 24 July 2009, samples of fertilizers were collected from the shop of the petitioner and Form J under Clause 28(1)(b) is stated to have been duly filled in. Form J reveals that a sample was collected, according to the petitioner, after opening the sealed bag received by him in his retail shop. On an analysis, the sample was found to contain 31.5% zinc as against the prescribed standard of 33%. The District Agricultural Officer cancelled the authorization issued in favour of Bharat Khad Bhandar and a notice was issued to show-cause on 26 June 2009. The order of cancellation was challenged by the petitioner under Clause 32A. The petitioner has averred that the appeal was allowed and the sample was sent for retesting upon which it was found to contain zinc to the extent of 30.83%. On 24 May 2010, the Fertilize
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