Court Directs District Authorities to Ensure Distribution of DAP Fertilizers Amid Shortage Claims
In a significant directive aimed at addressing fertilizer distribution issues in Mirzapur, the Allahabad High Court has issued an interim mandamus to ensure the supply of 100 tonnes of Diammonium Phosphate (DAP) fertilizers, following a shortage claim by Marihan Agro Farmer Producer Company Limited. The division bench comprising Justices J.J. Munir and Indrajeet Shukla delivered the order in response to a writ petition filed by the agro company against the State of Uttar Pradesh and other respondents.
The petition highlighted the distress faced by farmers during the Khareef season due to an inadequate supply of fertilizers. Although the petitioner had requested 100 tonnes of DAP, only 45 tonnes were supplied, jeopardizing agricultural productivity and causing potential economic losses.
The court noted that while administrative directions had been issued to the District Magistrate of Mirzapur to coordinate and supervise fertilizer distribution, these directions do not grant statutory authority under the Fertilizer (Control) Order, 1985. The bench emphasized that such administrative orders from the Principal Secretary lacked statutory backing and should not be treated as conferring supervisory power on the District Magistrate.
The judgment further clarified the proper administrative practice for handling grievances related to departments other than the District Magistrate's office. Instead of forwarding complaints to the concerned departments, the court suggested returning them to the applicants, instructing them to approach the appropriate officers directly. This approach aims to prevent any misunderstanding regarding the District Magistrate's supervisory role.
Addressing the specific case of fertilizer supply, the court found a prima facie case in favor of the petitioner and instructed the Deputy Director of Agriculture and the District Agriculture Officer in Mirzapur to fulfill the petitioner's demand for 100 tonnes of DAP or provide a justification through an affidavit. This interim relief aims to mitigate the supply shortfall and support the agricultural requirements of the region.
The court has granted two weeks for the respondents to file a counter affidavit, with further orders scheduled for September 1, 2026. The Registrar (Compliance) has been tasked with communicating the court's order to relevant district authorities within 48 hours to ensure prompt action.
Bottom Line :
Administrative directions issued to the District Magistrate for coordination and supervision of fertilizer distribution within the district are not statutory orders under the Fertilizer (Control) Order, 1985 and cannot confer statutory powers upon the District Magistrate.
Statutory provision(s): Fertilizer (Control) Order, 1985
