Allahabad HC Issues Interim Mandamus for DAP Supply, Questions District Magistrate's Role in Fertiliser Distribution

A Division Bench directed agriculture officers in Mirzapur to supply 100 tonnes of DAP to a farmer producer company after only 45 tonnes were supplied during Khareef season, and questioned whether Government communications can vest statutory powers in the District Magistrate under the Fertiliser (Control) Order, 1985.

The Allahabad High Court, on 17 August 2026, admitted a writ petition filed by Marihan Agro Farmer Producer Company Limited against the State of Uttar Pradesh and five others, and simultaneously issued an interim mandamus directing the Deputy Director of Agriculture, Mirzapur and the District Agriculture Officer, Mirzapur to ensure supply of 100 tonnes of Diammonium Phosphate (DAP) to the petitioner. The Division Bench of Justice J.J. Munir and Justice Indrajeet Shukla, sitting at Court No. 2, found a prima facie case after the petitioner received only 45 of the 100 tonnes it had demanded during the Khareef season. The Bench also took the occasion to examine, and cast doubt upon, the administrative practice of the District Magistrate acting as a supervisory authority over fertiliser distribution in the absence of any statutory footing under the Fertiliser (Control) Order, 1985.

The Dispute Before the High Court

Marihan Agro Farmer Producer Company Limited had approached the Deputy Director of Agriculture, Mirzapur, seeking an order dated 11 May 2026 directing the issue of 100 tonnes of DAP. The petitioner's position was that this quantity was necessary for the Khareef season. Despite the demand, only 45 tonnes were supplied.

The petitioner contended that the short supply would cause immense loss to the prospects of its produce. On these facts, the Division Bench admitted the writ petition and issued notice to respondents 1 to 5, with notice accepted on their behalf by the Additional Advocate General assisted by Additional Chief Standing Counsel. Steps to serve respondent no. 6 were directed to be taken by R.P.A.D. within three working days. All respondents were granted two weeks to file a counter affidavit. The matter was listed for orders on 1 September 2026.

The District Magistrate's Personal Affidavit and the Statutory Question

Before the admission order was passed, the District Magistrate, Mirzapur had filed a personal affidavit. In paragraphs 12 to 15 of that affidavit, the District Magistrate set out the administrative mechanism governing fertiliser distribution at the district level.

He averred that Government-level directions dated 23 July 2026 were issued to ensure timely and uninterrupted availability of fertilisers to farmers. These directions, he said, provided for district-level advance stocking, distribution, and review of fertiliser stocks, and established a committee under the District Magistrate's chairmanship to ensure smooth availability within the district. He was careful to add, however, that he did not claim these administrative directions, by themselves, conferred upon him the statutory powers vested in a Fertiliser Inspector under the Fertiliser (Control) Order, 1985.

He also stated that when the petitioner submitted an application dated 4 May 2026 regarding fertiliser availability, his office marked and forwarded it to the Deputy Director of Agriculture, Mirzapur, since the subject matter fell within the Agriculture Department's domain.

How the Bench Reasoned on Administrative Directions

The Bench examined the Government Orders dated 10 March 2026 and 23 July 2026 issued by the Principal Secretary to District Magistrates, the Director of Agriculture, and in one case to Divisional Commissioners. It concluded that these were not Government Orders in the proper sense. They had not been made in exercise of any statutory power vested in the Secretary, even on behalf of the Government, to issue directions under the Fertiliser (Control) Order, 1985.

The Bench held that the communications of the Secretary dated 10 March 2026 and 23 July 2026 were, prima facie, “fit to be ignored.”

The Bench then turned to the practical question: if an anomaly in fertiliser distribution is found, how should it be rectified? It acknowledged that citizens, including farmers, habitually petition the District Magistrate on matters entirely unrelated to his office. The District Magistrate had stated that he forwards such representations to the concerned department. The Bench did not accept forwarding as the right course. It reasoned that when a District Magistrate forwards a complaint to a department, that act carries the flavour of supervision over that department, a power that he does not legally possess.

The Bench directed that the better practice would be to return such representations to the applicant with an endorsement that the applicant should present the matter to the appropriate officer. This, the Bench observed, would also serve over time to educate the public about the correct forum for their grievances. The Bench stated that this practice avoids the implicit supervisory dimension that attaches when a District Magistrate forwards a complaint.

Interim Mandamus and Communication Directions

On the Civil Misc. Stay Application No. 1 of 2026, the Bench issued notice and directed an interim mandamus to the Deputy Director of Agriculture, Mirzapur and the District Agriculture Officer, Mirzapur. The direction required them to ensure supply of 100 tonnes of DAP to the petitioner, adjusting any shorter quantity already supplied, according to the demand raised by the petitioner, or to show cause by filing an affidavit.

The Bench further directed the Registrar (Compliance) to communicate the order to the District Magistrate, Mirzapur, the Deputy Director of Agriculture, Mirzapur, and the District Agriculture Officer, Mirzapur through the Chief Judicial Magistrate, Mirzapur, within 48 hours of the order.

Outcome

The writ petition was admitted. Notice was issued to all respondents. An interim mandamus was issued directing supply of 100 tonnes of DAP to Marihan Agro Farmer Producer Company Limited, adjusting for the 45 tonnes already supplied. Respondents were given two weeks to file counter affidavits. The Registrar (Compliance) was directed to communicate the order through the Chief Judicial Magistrate, Mirzapur, within 48 hours. The matter is listed for orders on 1 September 2026.