Taru Industries vs Union Of India on 6 September, 2019

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Karnataka High Court

Taru Industries vs Union Of India on 6 September, 2019

Bench: B.Veerappa

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 6TH DAY OF SEPTEMBER, 2019

                      BEFORE

        THE HON'BLE MR. JUSTICE B.VEERAPPA

   WRIT PETITION NO.45738 OF 2017 (GM-RES)

BETWEEN:

TARU INDUSTRIES
HAVING ITS OFFICE (REG.) AT NO.14-J-2
K.I.A.D.B. INDUSTRIAL AREA
GERUPALYA
KUMBALGODU
BENGALURU-560 074

REPRESENTED BY ITS PARTNER:-
SRI VISHWAS M.S.,
AGED ABOUT 28 YEARS
S/O M.B.SURENDRANATH
                                     ... PETITIONER
(BY SRI.Y.RAJENDRA PRASAD SHETTY, ADVOCATE)


AND:

  1. UNION OF INDIA
     REPRESENTED BY ITS SECRETARY
     MINISTRY OF AGRICULTURE
     DEPARTMENT OF AGRICULTURE
     & COOPERATION
     KRISHI BHAVAN
     NEW DELHI-110 001
                              2


  2. DIRECTOR OF PLANT PROTECTION
     QUARANTINE & STORAGE
     N.H-IV, FARIDABAD
     HARAYANA-120 001


  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.H.R.ANITHA, ADV., FOR R1 TO R4)

       THIS WRIT PETITION IS FILED UNDER ARTICLES OF
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO DELCARE THAT THE IMPOSING OF INSPECTION FEE
UNDER SCHEDULE IX OF THE PLANT QUARANTINE
ORDER (REGULATION OF IMPORT INTO INDIA) ORDER
2003     VIDE    ANNEX-B         VIDE   NO.1037,      DATED
18.11.2003/KARTIKA     27,   1925,      ON     THE    TIMBER
IMPORTED     FROM    OTHER       COUNTRIES      IS   WITHOUT
AUTHORITY OF LAW.

       THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
                             3



                         ORDER

Learned counsel for respondent Nos.1 to 4 filed a memo for disposal of this writ petition on the ground that the issue raised in the present case has been already decided on 31.07.2019 in the case of M/s.Rangani Timbers and others made in WP Nos.59613-59614 of 2015 and connected cases.

2. The said submission is not disputed by Sri.Y Rajendra Prasad Shetty, learned counsel for the petitioner, who fairly submits that the matter is covered by the order as stated supra.

3. In view of the aforesaid submission, present writ petition is disposed off in the same terms of the order dated 31.07.2019 as stated supra, with liberty to the petitioner to challenge the validity of the Destructive Insects and Pests(Amendment and Validation) Act, 1992 4 as well as the validity of Schedule IX of the Plant Quarantine Order.

4. Needless to state that in case the petitioner files a writ petition within a period of two weeks from today, the interim order granted earlier shall continue to enure to the benefit of the petitioner.

Accordingly, the writ petition is disposed off.

Sd/-

JUDGE GH

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