M/s Savita Khad Bhandar vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11810 of 2026
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M/s Savita Khad Bhandar through its Proprietor Anil Kumar Padit, son of
Hiralal Padit @ Hira Pandit, aged about 34 years, resident of Village and P.O.
- Tribhuwani, P.S. -Bhairoganj, Block Bagaha-02, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Agriculture,
Government of Bihar, Patna.
2. The Director, Directorate of Agriculture, Bihar, Patna.
3. The Joint Director (Chemicals), Tirhut Division. Muzaffarpur-cum-
Appellate Authority, Muzaffarpur.
4. The District Agriculture Officer, West Champaran at Bettiah.
5. The Sub-Divisional Agriculture Officer, Bagaha District - West Champaran.
6. The Block Agriculture Officer, Bagaha-02, District -West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anuj Kumar Shrivastav, Advocate
Mr. Shashwat, Advocate
Mr. Sachina, Advocate
Mr. Dwij Raj, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC-26
Mr. Dixit Vinod, AC to SC-26
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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL JUDGMENT
Date : 31-08-2026
Heard learned counsel for the parties.
2. The prayer of the petitioner in this writ application
reads as follows:-
“a. For issuance of a writ in the nature of
certiorari, or any other appropriate writ, order or
direction, for quashing of the Office Order contained in
Memo No. 2145 dated 16.09.2025 issued by the A
Respondent No. 4, District Agriculture Officer, West
Champaran, Bettiah, whereby the petitioner's retail
fertilizer authorisation No. D-SL20312042445697

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(valid up to 21.03.2029) has been cancelled with
immediate effect;
b. For issuance of a writ in the nature of
certiorari, or any other appropriate writ, order or
direction, for quashing of the appellate order dated
15.05.2026 passed by the Respondent No. 3, Joint
Director (Chemicals), Tirhut Division,Muzaffarpur-
cum-Appellate Authority, whereby the petitioner's
appeal has been rejected and the cancellation affirmed;
c. For issuance of a writ in the nature of
mandamus, or any other appropriate writ, order or
direction, commanding the respondents to restore the
petitioner's retail fertilizer authorisation No. D-
SL20312042445697 and to return the POS machine to
the petitioner forthwith;
d. For an interim order staying the operation
06 of the impugned orders dated 19.09.2025 and
15.05.2026 and permitting the petitioner to carry on his
retail fertilizer business under the said authorisation,
pending hearing and final disposal of this writ
application.”
3. At the outset, learned counsel for the petitioner
submits that the show cause was issued to the petitioner on
12.09.2025, annexed as Annexure-P/2 to the writ application,
whereas one day’s time was given to the petitioner to file reply
to the show cause.
4. Learned counsel appearing on behalf of the petitioner
further submits that, from the contents of the show-cause notice,
it appears that the same was issued merely as a formality and

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that no effective or reasonable opportunity was afforded to the
petitioner to place his case. It is submitted that it was not
possible for the petitioner to submit an effective reply to the
show-cause notice within a period of one day.
5. Learned counsel appearing on behalf of the petitioner
further submits that the petitioner received the said show-cause
notice on 12.09.2025, granting him time only till 13.09.2025 to
submit his reply. It is further submitted that a copy of the
enquiry report was not furnished to the petitioner and, therefore,
he was not in a position to effectively respond to the allegations
levelled against him.
6. Learned counsel appearing on behalf of the petitioner
further submits that the appellate order is also vitiated by
violation of the principles of natural justice, inasmuch as,
although several dates were fixed in the appeal, no effective
notice of the dates of hearing was served upon the petitioner
and, ultimately, the appeal came to be rejected on the ground of
his non-appearance.
7. Learned counsel for the State is not denying these
facts.
8. I find substance in the submission advanced by the
learned counsel appearing on behalf the petitioner and I am of

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the view that one day time was not sufficient to enable the
petitioner to submit an effective reply, particularly when the
enquiry report had also not been furnished to him. Therefore, I
have no option but to set aside the show-cause notice dated
12.09.2025 (Annexure-P/2), original order dated 16.09.2025
(Annexure-P/3) and the appellate order dated 15.05.2026
(Annexure-P/5).
9. Consequently, the show cause notice dated
12.09.2025 (Annexure-P/2), original order dated 16.09.2025
(Annexure-P/3) and the appellate order dated 15.05.2026
(Annexure-P/5), are set aside.
10. The matter is remanded to respondent no. 6, the
Block Agriculture Officer, Bagaha-02, West Champaran, with a
direction to issue a fresh show-cause notice to the petitioner,
after furnishing a copy of the enquiry report and affording him
an adequate opportunity of hearing, so as to enable him to
submit an exhaustive reply.
11. It is further made clear that, if respondent no. 6,
proposes to issue a fresh show-cause notice to the petitioner, the
same shall be issued within a period of 15 days from the date of
receipt/production of a copy of this order, after affording
adequate opportunity to the petitioner to submit his reply.

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12. The present writ application is disposed of on the
the aforesaid terms.
13. All pending interlocutory application(s), if any,
shall stand disposed of.

(Girijish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.09.2026
Transmission Date NA