O R D E R

Challenge in this Writ Petition is to the orders of the first respondent dated 28.11.2016 rejecting the request of the petitioner for release of subsidy for imported Di-Ammonium Phosphate that was with held by the Department on account of quality issues.

2. The petitioner is an Importer and Trader in fertilizer. The petitioner was favoured with a contract for supply of imported fertilizer to various States at a subsidised price. Upon the petitioner distributing the fertilizer at a subsidised price, the loss incurred by the petitioner by sale of fertilizer at a subsidised price would be recouped by the Central Government by grant of subsidy to the petitioner. The petitioner has imported fertilizer during the years 2011 and 2012 through two ships M.V.Citrus Venus and J.S.Comet. The ship M.V.Citrus Venus arrived at the Visakhapatnam Port on 22.08.2011, after unloading the fertilizer, the ship was released on 24.08.2011. The samples of the fertilizer were drawn on 27.08.2011 and the same was tested by the fertilizer Control Order Laboratory at Tadepalligudem.

3. The Laboratory Report issued on 19.09.2011 shows that the fertilizer imported is according to the specifications. Howe