M/S Ideal Agri Life Sciences vs The State Of Karnataka on 6 March, 2015

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Karnataka High Court

M/S Ideal Agri Life Sciences vs The State Of Karnataka on 6 March, 2015

Bench: S.Abdul Nazeer

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 06th DAY OF MARCH, 2015

                       BEFORE

      THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

       WRIT PETITION No.8240 OF 2015 (GM-RES)

BETWEEN:

M/S.IDEAL AGRI LIFE SCIENCES,
SY NO.220, BACKSIDE GODOWN,
BAGH HAYATH NAGAR,
L.B.NAGAR, HYDERABAD-500 070,
ANDHRA PRADESH,
REP. BY ITS PROPRIETOR,
SMT. GUNLLAPALLY DEEPTHI.              ... PETITIONER

      (BY SRI VENKAT SATYANARAYANA, ADV. )



AND

1     THE STATE OF KARNATAKA,
      REP. BY ITS SECRETARY,
      DEPARTMENT OF AGRICULTURE,
      VIKASA SOUDHA,
      BANGALORE - 560 001.

2     THE DIRECTOR OF AGRICULTURE,
      DEPARTMENT OF AGRICULTURE,
      SESHADRI ROAD,
      BANGALORE - 560 001.

3     THE JOINT DIRECTOR OF AGRICULTURE,
      DEPARTMENT OF AGRICULTURE,
      BANGALORE - 560 084.

4     THE INSPECTOR OF INSECTICIDE,
      AND AGRICULTURE OFFICER,
                              2



     BANGALORE NORTH TALUK,
     BANGALORE - 560 084.               ... RESPONDENTS

     (BY SRI H.VENKATESH DODDERI, AGA)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED CIRCULAR DATED 28.8.2013 ISSUED BY THE R2
VIDE ANN-G AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:




                          ORDER

Learned Government Advocate submits that the circular dated 28.08.2013 impugned in this petition is an inter-departmental circular issued to ensure implementation of the provisions of the Insecticides Act, 1968, since there was rampant mis-use by manufacturers of bio-products, selling and/or retailing of insecticides without a licence.

2. Recording the submission of the learned Government Advocate that if the petitioner is found to be dealing in whatsoever manner in illegal manufacture, sale and exhibition of insecticides in contravention of 3 the Insecticides Act, 1968, action would be initiated and not otherwise, nothing further survives for consideration in this petition and is accordingly disposed of.

3. If according to the learned counsel for the petitioner they deal in the manufacture, stocking and distributions of bio-products not in contravention of the Insecticides Act, then there is no reason for the apprehension that authorities under the Act would initiate action under the Insecticides Act, 1968.

Sd/-

JUDGE KLY/

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