Patel Timber Mart vs Union Of India on 8 January, 2020

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Karnataka High Court

Patel Timber Mart vs Union Of India on 8 January, 2020

Bench: P.S. Dinesh Kumar

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF JANUARY, 2020

                          BEFORE

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

        WRIT PETITION No.41690 OF 2017 (GM-RES)

BETWEEN :

PATEL TIMBER MART
HAVING ITS OFFICE NO.3-71/4
OPP. SAHYADRI ENGINEERING COLLEGE
ADYAR, MANGALORE-575 007
KARNATAKA STATE
AND ALSO AT:
D.NO.3/82, MANGALORE
SAW MILL COMPOUND
ALAPE, PADIL
MANGALORE-575 007

REPRESENTED BY ITS MANAGING PARTNER
SRI. GOVIND L. PATEL
S/O LATE LAKHAMSI H. PATEL
AGED ABOUT 56 YEARS                         ...PETITIONER

(BY SHRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE)

AND :

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

2.    DIRECTOR OF PLANT PROTECTION
      QUARANTINE & STORAGE
      NH-IV, FARIDABAD
      HARAYANA-121 001
                                2



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, CGC)
                             ....
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
IMPOSING OF INSPECTION FEE UNDER SCHEDULE IX OF THE PLANT
QUARANTINE ORDER [REGULATION OF IMPORT INTO INDIA] ORDER
2003 [VIDE ANNEXURE-B] ON THE TIMBER IMPORTED FROM OTHER
COUNTRIES IS WITHOUT AUTHORITY IN LAW.

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

                             ORDER

Smt.H.R.Anitha, learned Central Government Counsel for the respondents has filed memo dated 21.08.2019 stating that the subject matter of this writ petition is similar to the one in W.Ps.No.59613-59614/2016 and connected cases which have been disposed of by this Court on 31st July 2019.

2. Sri Y.Rejendra Prasad Shetty, learned advocate for the petitioner also submitted that this matter is covered by the said decision and prays that this petition be disposed of in similar terms.

3. Accordingly, petitioner is permitted to withdraw this petition with liberty to challenge the validity of levying inspection fee under Schedule-IX to the Plant Quarantine (Regulation of Import into India) Order, 2003 within two weeks from the date of receipt of a copy of this order. Interim order granted earlier will continue till then.

Petition disposed of. No costs.

Sd/-

JUDGE Yn.

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