Ranjan Kumar vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.874 of 2023
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Ranjan Kumar S/o Anil Singh R/o Village-Bajra, P.s-Hisua, District-Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supply
Department, Govt of Bihar, Patna.
2. The District Magistrate-Cum-Collector, Nawada.
3. The District Agriculture Officer, Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Akash Chaturvedi
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-07-2026
1. This Writ petition has been filed for
following reliefs:-
“I. For issuance of writ in the nature of
certiorari for quashing of order dated
02.09.2022 issued by vide Memo No.
1958 dated 02.09.2022 passed by the
District Agriculture Officer, Nawada
whereby the license issue to the
petitioner under the provisions of
Fertilizer Control order has been
cancelled without assigning any reason
and without granting any opportunity to
the petitioner for rebuttal in gross
violation of principles of natural justice
being wholly arbitrary, illegal and without
jurisdiction.

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II. For issuance of writ in the nature of
declaration holding that the order of
cancellation passed against the petitioner
is wholly arbitrary illegal and without
jurisdiction as no reason as such has
been assigned for cancelling the license
issued to the petitioner under the
provisions of Fertilizers Control order
without granting any opportunity of
hearing in complete violation of principles
of natural justice.
III. For issuance of writ in the name of
mandamus directing the respondents to
restore his license and resume the supply
of Fertilizer for selling.”
2. The brief facts culled out from the Writ
petition are that the petitioner was issued certificate of
registration for carrying out the business of selling of
fertilizers in retail by the District Agriculture Officer,
Nawada vide License No. 34/2019-22, which was
renewed time to time. Allegations were levelled
against the petitioner that he is supplying fertilizer in
the name of forged persons and that too in excess.
Thereafter, a show-cause notice was issued to the
petitioner by District Agriculture Officer, Nawada vide

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Memo No. 1778 dated 13.08.2022 asking him to reply
within 48 hours against 4 set of allegations levelled
against him, which is completely arbitrary and without
jurisdiction as held by this Court in catena of decisions.
3. It is the specific contention of the Learned
counsel for the petitioner that show-cause notice dated
13.08.2022 was never served to him and the order
has been passed behind back, which is a very cryptic
order. In support of his contention, he relied upon a
decision of the Division Bench of this Court dated
22.02.2022 passed in CWJC No. 12160 of 2021 and
prayed for setting aside the impugned order and for a
direction to restore the license of the petitioner.
4. On the other hand, a detailed counter
affidavit has been filed by the respondents, the
contents of which, disclose that the petitioner was
granted letter of authorization / license by the District
Agriculture Officer, Nawada on 25.06.2019 till

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24.06.2022 in the name of M/S Gunjan Traders, Bazra
More, Hisua (Nawada), Proprietor – Ranjan Kumar vide
letter of Authorization/License No. 34/2019-22. The
contents of the counter affidavit further disclose that
during the crisis of Urea Fertilizer, the concerned Krishi
Samanvayak (Agirculture Coordinator) of Gram
Panchayat Bagodar has suddenly inspected the
Fertilizer shop of the petitioner on 13.08.2022 nd
found following irregularities:-
(a) Pos Machine loaded Total 2.79 MT. (62 bags) of
Urea Fertilizer in Machine but in stock (Godown) of
the petitioner total Urea Fertilizer found as 106
bags.
(b) In the Notice Board Fertilizer of Urea shown as
200 bags but the Date and Time was not mentioned
in Board.
(c) The stock and supply register not produced by
the petitioner for Verification.
(d) The writ petitioner stated that the excess bags of
Urea Fertilizer was his own Urea kept for Agriculture
purpose.

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5. Thereafter, the Agriculture Coordinator
submitted his inspection report to the Block Agriculture
Officer, Hisua and the Block Agriculture Officer, Hisua
also made a visit on the spot on the same day and
after verification, he reported to District Agriculture
Officer, Nawada for cancelling the license/letter of
authorization of the petitioner on the same day i.e. on
13.08.2022.
6. After receiving the detailed enquiry report
from the Block Agriculture Officer, Hisua, the then
District Agriculture Officer, Nawada has found that this
is a serious matter, who in turn suspended the license
of the petitioner and issued as show-cause notice for
cancellation of license and the copy of show-cause
notice was forwarded to the petitioner through mobile
phone message and he was directed to submit his
show-cause withing stipulated time vide memo no.
1778 dated 13.08.2022. When no show-cause reply

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was submitted by the petitioner, the District
Agriculture Officer, Nawada after 17 days cancelled the
license of the petitioner vide order contained in memo
no. 1958 dated 02.09.2022.
7. it is submitted by the learned counsel for
the respondents that there is no error or illegality in
the order cancelling the license of the petitioner and
prayed to dimsiss the Writ petition.
8. Heard the Learned counsel for the petitioner
and the Learned counsel for the respondents. Perused
the records.
9 . Learned counsel for the petitioner has placed
reliance on a Division Bench judgment of this Court to
argue that the matter ought to be remitted due to
procedural infirmities. However, having considered the
rival submissions of the parties and upon perusal of
the records, this Court is of the considered view that
the judgment relied upon by the petitioner has no

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application to the facts of the present case. In the said
matter, the Division Bench interfered because the
impugned order was unreasoned, cryptic, and lacked a
recording of findings. In the present case, the conduct
of the petitioner exhibits a deliberate and complete
non-cooperation by failing to respond to the notice
despite valid digital service.
10. It is well-settled that digital modes of
communication, including WhatsApp and mobile
messaging, constitute valid modes of service under
appropriate administrative and regulatory frameworks
when receipt is established. The respondents granted
the petitioner a fair and reasonable opportunity to
defend himself, thereby satisfying the core principles
of natural justice. The petitioner, having chosen to
remain silent for 17 days, cannot now plead a violation
of the audi alteram partem rule. Thus, this Court finds
no perversity, illegality, or jurisdictional error in the

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impugned order dated 02.09.2022.
11. Furthermore, the impugned order dated
02.09.2022 is an appealable order under the relevant
statutory provisions and In view of the statutory
framework and the facts detailed above, this Writ
Petition is dismissed. However, it is open to the
petitioner to prefer a statutory appeal before the
appropriate Appellate Authority within a period of one
month from today. If such an appeal is filed within the
stipulated period, the Appellate Authority shall grant
the petitioner a reasonable opportunity of hearing
evaluate the matter on its merits, and dispose of the
said appeal by a reasoned order within a further period
of three months thereafter.
12. The Writ petition stands dismissed.

(G. Anupama Chakravarthy, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.07.2026
Transmission Date N/A