M/S Bonageri Crop Science Ltd vs State Of Karnataka on 24 January, 2020

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Karnataka High Court

M/S Bonageri Crop Science Ltd vs State Of Karnataka on 24 January, 2020

Bench: P.S. Dinesh Kumar

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 24TH DAY OF JANUARY, 2020

                           BEFORE

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

         WRIT PETITION No.1472 OF 2020 (GM-RES)


BETWEEN :

M/S BONAGERI CROP SCIENCE LTD.
NO.4193, VISHWABHARATI SOCIETY
BANK COLONY, GIRINAGAR
BSK 3RD PHASE
BENGALURU-560 085
ALSO AT
NO.12/1, SHIVAKRUPA COMPLEX
NEELIGIN ROAD
HUBLI-580 029
REPRESENTED BY ITS DIRECTOR
MR.SUHAS S. BONAGERI                     ... 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
        VIKASA SOUDHA
        BANGALORE-560 001
                                  2




4.    INSECTICIDE INSPECTOR
      AND AGRICULTURE OFFICER
      DEPARTMENT OF AGRICULTURE
      VIKASA SOUDHA
      BANGALORE DISTRICT
      BANGALORE-560 001                              ... 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 PETITIONER AND ETC.,


      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 Sangamesh, learned advocate for petitioner submitted that in similar circumstances, this Court has passed orders directing respondents not to interfere with 3 petitioner's manufacture and sale of Bio-natural products unless there is any contravention of the provisions of the Insecticides Act.

3. Shri Sangamesh, learned advocate for the petitioner 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 Advocates 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 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. 4

With these observations, writ petition is disposed of.

No costs.

Sd/-

JUDGE AV

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