Karnataka High Court
M/S vs Timbers Pvt Ltd V/S Union Of India on 14 February, 2023
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WP No. 22384 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.22384 OF 2019 (GM-RES)
BETWEEN:
1. M/S. V.S. TIMBERS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT
NO.VI/1, V.S. BUILDING, PERUMATTOM,
PUTHUPPADY P.O.,
MUVATTUPUZHA - 686673
ERNAKULAM DISTRICT,
KERALA STATE.
ALSO OFFICE AT
C/O. GANESH SHIPPING AGENCY,
TIMBER YARD D.NO.3/2A,
PANAMBUR, MANGALURU - 575 010
REPRESENTED BY ITS
AUTHORIZED SIGNATORY:-
MR. REJI PAUL
S/O. MR. A.P. POULOSE,
Digitally signed by AGED ABOUT 44 YEARS. ... PETITIONER
MAHALAKSHMI B M
Location: HIGH (BY SRI Y. RAJENDRA PRASAD SHETTY, ADVOCATE)
COURT OF
KARNATAKA AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF AGRICULTURE,
DEPARTMENT OF AGRICULTURE & COOPERATION,
KRISHI BHAVAN,
NEW DELHI - 110 001.
2. DIRECTOR OF PLANT PROTECTION
QUARANTINE & STORAGE
N.H-IV, FARIDABAD,
HARIYANA - 121 001.
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WP No. 22384 of 2019
3. THE PLANT PROTECTION OFFICER (WS)
PLANT QUARANTINE STATION,
PLOT NO.323/F/1, KIADB
INDUSTRIAL AREA, BAIKAMPADY,
MANGALURU - 575 011.
4. THE OFFICER IN CHARGE,
PLANT QUARANTINE STATION,
HEBBALA BHOOPSANDRA ROAD,
HAFARM POST,
BENGALURU - 560 024. ... RESPONDENTS
(BY SMT. M.C. NAGASHREE, CGC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER (REGULATION OF IMPORT INTO INDIA) ORDER
2003 (VIDE ANNEXURE-B) VIDE NO.1037, DATED
18.11.2003/KARTIKA 27, 1925, ON THE TIMBER IMPORTED FROM
OTHER COUNTRIES IS WITHOUT AUTHORITY OF LAW; AND DIRECT
THE RESPONDENTS NOT TO LEVY INSPECTION FEE UNDER SERIAL
NO.6 OF SCHEDULE IX TO THE PLANT QUARANTINE ORDER
(REGULATION OF IMPORT INTO INDIA) ORDER 2003 (VIDE
ANNEXURE-B) IN RESPECT OF TIMBER LOGS IMPORTED INTO INDIA
BY THE PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard the learned counsel for the parties and perused the material on record.
2. Petitioner in this writ petition is assailing the order dated 18.11.2003 to declare that the imposing of inspection fee under Schedule IX of the Plant Quarantine Order (Regulation of Import into India) Order 2003 is -3- WP No. 22384 of 2019 without authority of law and a writ of mandamus directing the respondents not to levy inspection fee under Sl. No.6 of Schedule IX to the Plant Quarantine Order (Regulation of Import into India) Order 2003 in respect of timber logs imported into India.
3. Learned counsel for the petitioner would submit that the question involved in this petition is squarely covered by the judgment of this Court in W.P. Nos.59613- 59614/2016 and connected matters, which was disposed of on 31.07.2019 and the request is made to pass similar order in this writ petition and seeks leave to withdraw the petition with a liberty to challenge the constitutional validity of the Act.
4. Said submission is placed on record.
5. This Court vide order dated 31.07.2019 in W.P. Nos.59613-59614/2016 passed the order and the relevant portion of the order reads as under:
"4. In view of the aforesaid submission, the writ petitions are disposed of with liberty to the petitioners to challenge the validity of the aforesaid -4- WP No. 22384 of 2019 Act as well as validity of Schedule IX of the Plant Quarantine Order. Needless to state that in case the petitioners file a writ petition within a period of two weeks from today, the interim order granted on earlier occasion shall continue."
6. In order to maintain parity, this Court is of the considered view that the writ petition needs to be disposed of in terms of the judgment of the Co-ordinate Bench of this Court in W.P. Nos.59613-59614/2016 and connected matters, dated 31.07.2019 with a liberty to the petitioner to challenge the validity of the aforesaid Act as well as the validity of Schedule IX of the Plant Quarantine Act and it is also made clear that in case the writ petition is filed within a period of two weeks from the date of receipt of certified copy of the order, the interim order, if any, granted earlier shall continue.
7. With the aforesaid direction, the writ petition stands disposed of.
Sd/-
JUDGE MBM