M/S Nagata Crop Sciences vs State Of Karnataka on 20 January, 2020

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Karnataka High Court

M/S Nagata Crop Sciences vs State Of Karnataka on 20 January, 2020

Bench: P.S. Dinesh Kumar

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 20TH DAY OF JANUARY, 2020

                            BEFORE

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

          WRIT PETITION No.854 OF 2020 (GM-RES)


BETWEEN :

M/S. NAGATA CROP SCIENCES
NO.703, 7TH FLOOR
CONFIDENT ANTLIA 3
OPP. PROPOSED INFOSYS
CAMPUS, SARJAPURA
BANGALORE-562 125

ALSO AT
D.NO. 125/A, KAKARLATHOTA
OLD VRL COMPOUND
BANGALORE ROAD
BELLARY-583 101

REPRESENETD BY ITS
MANAGING DIRECTOR
MR. G. SESHAGIRI RAO
S/O SESHAIAH                              ... 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
                                   2




3.    OFFICE OF THE JOINT DIRECTOR
      OF AGRICULTURE
      DEPT. OF AGRICULTURE
      BANGALORE-01

4.    INSECTICIDE INSPECTOR
      AND AGRICULTURE OFFICER
      DEPT. OF AGRICULTURE
      BANGALORE DISTRICT
      BANGALORE                                     ... 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   SALE   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 petitioner's manufacture and sale of Bio-natural products unless there is any contravention of the provisions of the Insecticides Act.

3. Shri Sangamesh 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 4 provisions of the Insecticides Act by the petitioner after following procedure and in accordance with law.

With these observations, writ petition is disposed of.

No costs.

Sd/-

JUDGE AV

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