Karnataka High Court
M/S. Superior Agri Sciences vs State Of Karnataka on 25 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:29216
WP No. 17757 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 17757 OF 2024 (GM-RES)
BETWEEN:
M/S. SUPERIOR AGRI SCIENCES
SY. NO. 210/A, DOTHIGUDEM GRAM
PANCHAYAT, JIBLAKPALLY VILLAGE
CHOUTUPPAL MAIN ROAD
YADADRI BONGIR DISTRIT - 508 284
TELANGANA.
(REGISTERED UNDER COMPANIES ACT, 1956)
REPRESENTED BY ITS PARTNER
MR. T. SAMBASIVA RAO
S/O. T. LAKSHMAIAH
AGED ABOUT 34 YEARS
R/AT PLOT NO. 166, MYTRI SHREEPURAM
NEAR SANGHI TEMPLE, PEDD AMBERPET
RANGAREDDY DISTRICT, TELANGANA - 501 505.
...PETITIONER
(BY SRI SANGAMESH R.B, ADV.)
Digitally
signed by AND:
NANDINI MS
Location: High
Court of 1. STATE OF KARNATAKA
Karnataka DEPARTMENT OF AGRICULTURE
M.S. BUILDING, VIDHANA VEEDHI
BENGALURU-01
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER &
DIRECTOR OF AGRICULTURE
OFFICE OF DIRECTOR OF AGRICULTURE
SESHADRI ROAD, BENGALURU - 560 001.
3. THE JOINT DIRECTOR
O/O JOINT DIRECTOR OF AGRICULTURE
SESHADRI ROAD, BENGALURU - 560 001.
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NC: 2024:KHC:29216
WP No. 17757 of 2024
4. INSECTICIDE INSPECTOR &
AGRICULTURE OFFICER
BENGALURU DISTRICT
SESHADRI ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI K.S. HARISH, HCGP)
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
HERE UNDER, 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.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR) In this petition, the petitioner seeks for the following reliefs:
i) Issue a writ in the nature of mandamus, directing 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-D.
ii) Issue such other direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
-3-NC: 2024:KHC:29216 WP No. 17757 of 2024
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 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:-4-
NC: 2024:KHC:29216 WP No. 17757 of 2024 "...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, 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 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 -5- NC: 2024:KHC:29216 WP No. 17757 of 2024 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.
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 -6- NC: 2024:KHC:29216 WP No. 17757 of 2024 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 applications, if any, pending in the Writ Petition shall stand closed."
6. Under these circumstances, I deem it just and appropriate to dispose of this petition in terms of the order passed by the Hon'ble High 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 and issue certain directions in this regard.
7. In the result, I pass the following:
ORDER
i) The writ petition is hereby allowed and disposed of in terms of the judgment of the Hon'ble High Court for the State of Telangana at Hyderabad in the case of M/s. Sree Kisan Seva Kendram Vs. The State -7- NC: 2024:KHC:29216 WP No. 17757 of 2024 of Telangana and another - W.P.No.4494/2024 dated 21.02.2024.
ii) Respondent-Authorities are directed not to interfere with the sale and distribution of the petition schedule bio products/bio stimulants viz., Dyeton, Dollar, Garuda, Super Tackle, Dhagad, Ranger, 3 Kone, Partner, Astra, Super Thumder, Jaguar, Super Green, Shastra, Dynamic, Fresh, Safe, R Cott, Fit, Moon, Device Slider, Lynx, Fighter, Hunter, Exo-Super, Hattrick, Booster, Spyrus, Suraksha, Orion, Bharosa, Shanvi SL, Super Max, Shanvi SP, Flower & Flower, Dhana 9, Super Jet, Bt Success, Green power, R one, Supermite, Shanvigr, Hansik, Archer, Bond007, Raithunestham, Grater, Storm, Janatha, Sulthan, Defence, Sarpanch, Shiva Ganga, RDX, Knight, otherwise than in accordance with law and to strictly follow the Government Order dated 23.02.2021 bearing No.SO882(E), which is extended up to August, 2025.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE NMS