Madhya Pradesh High Court
M/S Ramsharan Patel And Brothers vs The State Of Madhya Pradesh on 6 March, 2017
WP-10704-2014
(M/S RAMSHARAN PATEL AND BROTHERS Vs THE STATE OF MADHYA PRADESH)
06-03-2017
Shri Ahadulla Usmani, Advocate for petitioner.
Shri G.P. Kekre, Govt. Advocate for respondents/State.
Heard counsel for the parties.
This order shall also govern the disposal of W.P. No.10706/2014. For the sake of convenience, facts are taken from W.P. No.10704/2014.
Petitioner is aggrieved by the order dated 05.07.2014 (Annexure P-1) passed in Appeal No.08/2014-15 and Stay Appeal No.09/2014-15 and order dated 01.07.2014 (Annexure P-2) passed in Case No.864-65.
Petitioner has a licence as a dealer in seeds but he is not a manufacturer. Sample of Soyabean seeds were taken from his shop and were subjected to laboratory test. In the laboratory test, the seeds were found to be of below standard. Therefore, in exercise of powers conferred by Rule 15 of the Seeds (Control) Order, 1983 his licence was suspended. Against the order of suspension, he had preferred an appeal that too was dismissed. Hence, this writ petition.
Shri Usmani, learned counsel appearing for petitioner submitted that petitioner not being manufacturer was protected under Rule 7 of the Seeds Rules, 1968 because to maintain the standard and other specifications, is the requirement which the manufacturer is to deal. It is further submitted that under Rule 15 of the Seed (Control) Order, 1983, suspension of the licence can be done when the licence had been obtained by misrepresentation as to the material particulars or any of the provisions of this Order or any of the provisions of license has been contravened. Submission of Shri Usmani is that in the facts and circumstances of the case, provisions of Rule 15 of the Seed (Control) Order, 1983 is not attracted.
In reply filed by the State Government it has been stated that the sample taken from the shop of the petitioner was sent for laboratory test and when they were found of sub-standard, therefore, show cause notice was issued to the petitioner before suspending the licence.
In this connection, attention of the Court is invited to endorsement contained in the report of seed testing laboratory, which reads as under:-
"The information contained in the report is based on the submitted for testing. Use of this information by any one implies a guarantee that the sample is respective of the lot hence user is responsible. Seed storage conditions, seed moisture content, insect infection and various environmental factors may affect seed quality after satisfactory Laboratory test. Upon seed man responsibility for controlling these factors in order to maintain seed quality."
The report also does not indicate that which of the factor has been violated. Perusal of Annexure P-2 shows that on the basis of seed testing report, the sale and transport of sub-standard seeds were already prohibited and the order of suspension is based on incomplete list of farmers who had purchased the seeds from the petitioner/dealer. This is not specifically a ground for suspension.
In these circumstances, we find it difficult to sustain the orders impugned. They are hereby set aside. Petition is hereby allowed.
Let a copy of this order be retained in the file of W.P. No.10706/2014.
(S.K. SETH) JUDGE psm