M/S Dharti Agro Chemicals Pvt Ltd vs State Of Karnataka on 12 February, 2020

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Karnataka High Court

M/S Dharti Agro Chemicals Pvt Ltd vs State Of Karnataka on 12 February, 2020

Bench: P.S. Dinesh Kumar

                             1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF FEBRUARY, 2020

                          BEFORE

     THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

      WRIT PETITION No.3336 of 2020 (GM-RES)

BETWEEN :

M/S. DHARTI AGRO CHEMICALS PVT. LTD.
NEAR LOINS SCHOOL
MEDLERI ROAD
RANEBENNUR
HAVERI-581 115

REPRESENTED BY ITS
REGIONAL MANAGER
SRI. DEVENDRA PATTAR                   ...PETITIONER

(BY SHRI. R.B. SANGAMESH, ADVOCATE)

AND :

1.    STATE OF KARNATAKA
      DEPARTMENT OF AGRICULTURE
      REP. BY SECRETARY
      VIKASA SOUDHA
      BANGALORE-01

2.    THE DIRECTOR
      DEPARTMENT OF AGRICULTURE
      SHESHADRI ROAD
      BANGALORE-01

3.    OFFICE OF THE JOINT DIRECTOR
      OF AGRICULTURE
      DEPARTMENT OF AGRICULTURE
                                2



     SHESHADRIPURAM
     BANGALORE-01

4.   INSECTICIDE INSPECTOR
     AND AGRICULTURE OFFICER
     DEPARTMENT OF AGRICULTURE
     HAVERI DISTRICT
     HAVERI-581 115                          ... RESPONDENTS

(BY SHRI. VIJAYKUMAR A. PATIL, AGA)
                            ....

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE WITH THE MANUFACTURE
STOCKING DISTRIBUTION AND SALES OF THE BIO/NATURAL
PRODUCTS MANUFACTURED/PACKED AND DISTRIBUTED/SOLD BY
THE PETITIONERS.


      THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Petitioner claims to be manufacturer of Bio-natural products. Its grievance is that Insecticide Inspectors, who have no jurisdiction to inspect the Bio-natural products are interfering with manufacture and sale of products manufactured by petitioner.

2. Shri. R.B.Sangamesh, learned Advocate for petitioner submitted that in similar circumstances, this Court has passed orders directing respondents not to interfere with petitioner's manufacture and sale of Bio- natural products unless there is any contravention of the provisions of the Insecticides Act.

3. Shri.Sangamesh and Shri. Vijaykumar A.Patil, learned AGA for the State agreed that the subject matter of this petition is similar to the subject matter in W.P. No.50453/2019 decided on 8th November 2019.

4. The submission of learned Adovocates is placed on record. In the circumstance, writ petition is disposed of directing the respondents not to interfere with the manufacture, stocking, distribution and sales of Bio Natural products manufactured/packed and distributed/sold by the petitioner as per the schedule in the present writ petition. However, it is needless to observe that it is always open for 4 the respondents/appropriate authorities to take action against the petitioner in case of any contravention of the provisions of the Insecticides Act by the petitioner after following procedure and in accordance with law.

With these observations writ petition is disposed of. No costs.

Sd/-

JUDGE SPS

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