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MILIND RAMESH PHADKE
Sharda Krishi Sewa Kendra – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petitioner under Article 226/227 of the Constitution of India has been filed by the petitioner seeking following reliefs:
i) Issue a Writ of Mandamus/Certiorari or any other writ, order or direction in the nature of writ under Article 226/227 of the Constitution of India and -
(a) direct the respondent No.3 to send the enquiry report and point-wise reply on the Appeal dated 4.11.2006, Annexure P-VI of the petitioner forthwith and direct respondent No. 2 to decide appeal dated 4.11.2006 and 22.1.2007, Annexur P-VI & P-XI within a time as may be fixed by this Hon'ble Court.
(b) Quash show cause notice dated 10.10.2006, Annexure P-III Enquiry Report dated 14.6.2007 Annexure P-7 (Page 30 to 36) order rejecting appeal dated 23.11.2006, Annexure R-7 (Page 83) and 12.2.2007, Annexure R-X and criminal proceeding instituited in case No.16487/07 pending before Judicial Magistrate First Class, Gwalior.
(ii) Issue any other writ, order or direction in the nature of writ under Article 226/227 of the Constitution of India, as this Hon'ble Court may deem fit in the facts and circumstances of the case;
(iii) Cost of the petition may also be allowed."
2. Short fac
The main legal point established in the judgment is the importance of detailed documentation of the procedure followed in drawing samples of fertilizers to ensure compliance with the law and maintain....
The main legal point established in the judgment is that the non-compliance with the mandatory provisions of the sampling procedure as prescribed in Schedule II of the Fertiliser (Control) Order, 198....
Liability for sub-standard fertilizer lies with the manufacturer, not the marketing company, especially when samples are taken from sealed packets.
the absence of any material to show that petitioner is responsible for the quality of fertilizers seized, the proceedings now initiated against the petitioner is nothing but an abuse of process of la....
The petitioner was denied statutory rights of referee analysis per the Fertilizer Control Order, necessitating procedural adherence for fairness.
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