Karnataka High Court
M/S Salakki Industries vs State Of Karnataka on 28 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:43527
WP No. 28894 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 28894 OF 2024 (GM-RES)
BETWEEN:
M/S. SALAKKI INDUSTRIES,
D. NO.97/63, AGRO INDUSTRIES,
HYDRABAD ROAD,
SOLAPUR - 413 005,
MAHARASTRA,UNDER PARTNERSHIP ACT 1956.
REPRESENTED BY ITS PROPRIETOR,
MR. ARAVIN GANGAPPA SALAKKI,
S/O S. GANGAPPA,
AGED ABOUT 44 YEARS,
BUSINESS AT D.NO.915,
"DHANUSH PLAZA", 4TH FLOOR,
IDEAL HOME TOWNSHIP MAIN ROAD,
R R NAGAR, BANGALORE - 98,
KARNATAKA.
...PETITIONER
Digitally signed by (BY SRI. SANGAMESH R.B., ADVOCATE)
R HEMALATHA
Location: HIGH
COURT OF AND:
KARNATAKA
1. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU. REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER AND
DIRECTOR OF AGRICULTURE,
OFFICE OF DIRECTOR OF AGRICULTURE,
SESHADRI ROAD,
BENGALURU - 560 001.
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NC: 2024:KHC:43527
WP No. 28894 of 2024
3. THE JOINT DIRECTOR,
O/O JOINT DIRECTOR OF AGRICULTURE,
SESHADRI ROAD,
BENGALURU - 01.
4. INSECTICIDE INSPECTOR AND
AGRICULTURE OFFICER,
BENGALURU DISTRICT,
SESHADRI ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI.NAVEEN CHANDRASHEKAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT
AUTHORITIES NOT TO INTERFERE WITH THE SALE AND
DISTRIBUTION OF BIO PRODUCTS / BIO STIMULANTS, BELONGING
TO THE PETITIONER COMPANY, WHICH ARE MORE FULLY
DESCRIBED IN THE SCHEDULE HEREUNDER, OTHERWISE THEN
IN ACCORDANCE WITH LAW AND TO STRICTLY FOLLOW THE
GOVERNMENT ORDER DATED 23.02.2021, BEARING NUMBER SO
882(E) WHICH IS EXTENDED UPTO AUG 2025 (ANNEXURE -C) AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned AGA accepts notice for respondent Nos.1 to 4.
2. Learned counsel for the petitioner submits that in similar cases, a Co-ordinate Bench of this Court, in W.P. No. 50453/2019, directed the respondent not to interfere with the manufacture, stocking, distribution, and sale of Bio Natural products marketed by the petitioner as specified in the writ petition. However, it was also observed that it would be open for the -3- NC: 2024:KHC:43527 WP No. 28894 of 2024 respondents/appropriate authorities to take necessary action against the petitioner in case of any violations of the provisions of the Insecticides Act.
3. The learned Additional Government Advocate (AGA), on instructions, submits that there are no specific averments regarding interference by the authorities, and no cause of action has been demonstrated by the petitioner.
4. This Court has consistently held, in a series of writ petitions, that State authorities shall not interfere with the sale of Bio products. However, the authorities were granted liberty to initiate appropriate action against the petitioner if there is any violation of the provisions of the Insecticides Act.
5. In light of the above, the petition is disposed of with a direction to the respondent not to interfere with the manufacture, stocking, distribution, and sale of the petitioner-Company's Bio products/stimulants, as described in the schedule to the petition, except in accordance with the law. Furthermore, the respondent is directed to strictly comply with Government Order dated 23.02.2021, bearing No. SO 882(E), which has been extended until August 2025.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE RKA