Karnataka High Court
M/S Neemline Agro Industries vs State Of Karnataka on 24 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 27444 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 27444 OF 2024 (GM-RES)
BETWEEN:
M/S. NEEMLINE AGRO INDUSTRIES,
NO.86/2, AT POST DODDI,
SOUTH SOLAPUR TALUK, SOLAPUR,
MAHARASTRA - 413 006.
(REGISTERED OF KARNATAKA SHOPS AND
COMMERCIAL ACT),
REPRESENTED BY ITS PROPRIETOR,
MR. BASAVRAJU BUSANGOWDA ARVI,
S/O BUSANNA GOWDA,
AGED ABOUT 43 YEARS,
BUSINESS AT # 915,
DANUSH PLAZA, 4TH FLOOR,
IDEAL HOME TOWNSHIP MAIN ROAD,
R.R.NAGAR,
BANGALORE - 560 098.
Digitally signed by
R HEMALATHA ...PETITIONER
Location: HIGH
COURT OF (BY SRI. SANGAMESH R.B., ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
M S BUILDING, VIDHANA VEEDHI,
BENGALURU - 01.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
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WP No. 27444 of 2024
2. THE COMMISSIONER AND
DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTOR OF AGRICULTURE,
SESHADRI ROAD,
BENGALURU - 560 001.
3. THE JOINT DIRECTOR,
OFFICE OF THE DIRECTOR OF AGRICULTURE,
SESHADRI ROAD,
BENGALURU - 560 001.
4. INSECTICIDE INSPECTOR AND
AGRICULTURE OFFICER,
BENGALURU DISTRICT,
SESHADRI ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SMT.MAMATHA SHETTY, AGA)
THIS WP 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 NO. SO
882(E), WHICH IS EXTENDED UPTO AUG.2025 ANNX-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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WP No. 27444 of 2024
ORAL ORDER
The petitioner seeks for a directive to the respondent authorities not to interefere with the sale and distribution of bio products/bio stimulants, belonging to the petitioner company, which are more fully described in the schedule and to strictly follow the Government Order dated 23.02.2021.
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. The issue involved in this petition is covered by the decision of the Co-ordinate Bench of this Court in W.P.No.15949/2024 wherein, it is held as follows:
"3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that under identical circumstances, the Hon'ble High Court for the State of Telangana at Hyderabad has disposed of the petitions filed by other manufacturers, who are similarly situated in the case of M/s. Sree Kisan Seva Kendram Vs. The State of Telangana and another - W.P.No.4494/2024 dated 21.02.2024 and the present petition also may be disposed of in the above terms.
4. Per contra, learned AGA submits that there is no merit in the petition and the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the petitioner under identical circumstances in relation to and arising out of Government Order dated 23.02.2021, the Hon'ble High -4- NC: 2024:KHC:43245 WP No. 27444 of 2024 Court for the State of Telangana at Hyderabad in the case of M/s. Sree Kisan Seva Kendram Vs. The State of Telangana and another - W.P.No.4494/2024 dated 21.02.2024 places reliance upon an earlier order passed in W.P.No.48/2021 and batch dated 07.09.2021 and disposed of the petition by issuing several directions as hereunder:
"This writ petition has been filed by the petitioner seeking the following relief:
"...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with manufacturing, sale and distribution of bio- products/bio- stimulants of petitioner-Firm, viz., Devalap, Glory, Protect, Neem, Karintan, Mustard, Ultra, Victary, Platinam, Trigger, Hunter, Sharp, Dark, Flower, Rizer, Trend, Global, Miracle, S-Power, Defend, Smart, Cure, Booster, Attacker, Roundup, Saaf, Confidor, Super, Nano Dap, Trend Setter, Mega Power, Cobra, Fung Clean, Cotton Gold, Cotton Care, Cotton Master, Block Buster, Timber, Ultimate, Crop Care, Royal Gold, Royal Plus, Chilli Master, -5- NC: 2024:KHC:43245 WP No. 27444 of 2024 Chilli Doctor, Nano Booster, Nano Mircale, Power, Bheem, Mega Safari, All in One, Covera, Daypro Alta, Doctors, Raksha, Tarun, Multi Care, Multi Protect, Multi Power, Amrut and Amrut Plus, by issuing Memo No.PP.II(1)2085/2005, dated 21.01.2006 and Letter No.PP.II(1)2085/2005, dated 21.01.2006, and in the absence of notification prescribing the standards, as being illegal, arbitrary, unconstitutional, and direct the 2nd respondent not to interfere with in any manner in selling and distribution of bio- products/bio-stimulants including from the licensed premises of the dealers/stockists under the Insecticides Act,1968 and the Fertilizers Control (Order) Act 1985".
2. Heard learned counsel for the petitioner and learned Government Pleader for Agriculture appearing for the respondents.
3. It is submitted by learned -6- NC: 2024:KHC:43245 WP No. 27444 of 2024 counsel for the petitioner that the subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.25293 of 2014 and batch, dated 10.07.2015, as modified by the Division Bench in W.A.Nos.1122 and 1136 of 2016, dated 03.11.2016. Further, this Court, while disposing of W.P.No.48 of 2021 and batch vide common order dated 07.09.2021, held as under:-
"11. In view thereof, the Writ Petitions are disposed of, granting liberty to the petitioners to make applications in compliance with the requirement of Clause 5 of the order of the Government of India, bearing No.S.O.882 (E), dated 23.03.2021, within two (02) weeks from the date of receipt of copy of this order. If such applications are made within the time stipulated above, the competent authority shall process the same and if satisfied, to issue provisional Certificate of Registration in Form G-3, within four (4) weeks thereafter.-7-
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12. It is made clear that the competent authority is entitled to collect samples in compliance of Part-C of the order dated 23.02.2021 and test the compatibility of the products meeting the parameters to be marketed 2 as bio-nutrients, before granting the provisional Certificate of Registration. It is in the public interest to ensure that a product to be produced and marketed as a bio-nutrient with the object of helping the farmer to develop high cellulose and resistance power in the plants meets the parameters to qualify as a bio-nutrient. The petitioners shall co-operate in drawing the samples. Until the exercise as directed above, is completed, subject of course to petitioners submitting applications within the time stipulated above and in compliance of requirements of Clause 5 of the order dated 23.02.2021 of the Government of India, petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the order dated 23.02.2021. However, it is always open to the competent authority to verify whether the products manufactured and distributed by the petitioners are in compliance with the statutory requirements and take action as warranted by law".
4. In terms of the afore stated orders and for the reasons mentioned therein, this Writ Petition is also disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous -8- NC: 2024:KHC:43245 WP No. 27444 of 2024 applications, if any, pending in the Writ Petition shall stand closed."
4. Therefore, this petition requires to be disposed of in terms of the order passed in the aforesaid writ petition. Accordingly, I pass the following:
ORDER i. Writ petition is allowed.
ii. The respondent-Authorities are directed not to interfere with the sale and distribution of the petition schedule bio products/bio stimulants viz., Godawari Nrich, otherewise than in accordance with law and to strictly follow the Government order dated 23.02.2021.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 45